[CCWG-ACCT] "Consumer Trust" in the Mission Statement

Kavouss Arasteh kavouss.arasteh at gmail.com
Sat Jan 9 17:12:16 UTC 2016

Steve, I tend to agree with Malcolm in saying that whenever, we do not have
a xclear definition nor a descrition for an item what is the usefulness of
its inclusion in BYLAWS ?
The difficulties that I have is , we may include many thing in the Mission
and/or Bylaws, but when ICANN wants / required  to implement that it would
face difficulties to do so. Even if ICANN claims that it has had
implemented, it is difficult to check the validity of that claim.

2016-01-09 14:16 GMT+01:00 David Post <david.g.post at gmail.com>:

> I do not think that the addition of this language is a good idea.
> Lengthening the list of 'values' and 'commitments' that ICANN is supposed
> to implement will inevitably weaken the Mission Statement.  The more the
> document suggests that it is ICANN's job to balance a wide variety of
> different concerns - enhancing competition and consumer choice, supporting
> geographic and cultural diversity, promoting human rights and the global
> public interest - the easier it becomes for ICANN to justify pretty much
> anything it might do in the future as promoting one or another of these
> broad goals.  The point that Andrew Sullivan made recently in connection
> with the discussions about the GPI is applicable here, I think:
> "ICANN should pay attention to its well-understood and needed functions.
> It should not go adventuring out into global governance issues that
> distract from that narrow set of responsibilities.  And it should not
> embrace language that distracts from the narrow responsibilities --
> lest such language become an attractive nuisance that encourages people to
> think ICANN has power it never has had"
> David
> At 04:10 PM 1/8/2016, Burr, Becky wrote:
>   As discussed in our call yesterday, we would like to get some
> discussion started on some of the issues with the Mission Statement,
> Commitments & Core Values elements of the CCWG Proposal.  One of those
> issues relates to the inclusion of the concept of promoting “consumer
> trust” in the Commitments and/or Core Values.  The USCIB comment, for
> example, urged inclusion of a Commitment/Core Value of “promoting
> competition, consumer trust, and consumer choice in the DNS marketplace.”
> ALAC urged inclusion of the consumer trust language.
> This is the topic we will discuss on Monday, during the Ad Hoc meeting
> just announced.  Feel free to contribute your views in this thread,
> particularly if you are not going to be able to participate on Monday.
>        * ISSUE*: Paragraph 3 of the Affirmation of Commitments describes
> the goals of the AoC, saying:
>          "This document affirms key commitments by DOC and ICANN,
> including commitments to: …  (c) promote competition, consumer trust, and
> consumer choice in the DNS marketplace….”
> Paragraph 9.3 of the AoC says:
>           … If and when new gTLDs (whether in ASCII or other language
> character sets) have been in operation for one year, ICANN will organize
> a review that will examine the extent to which the introduction or
> expansion of gTLDs has promoted competition, consumer trust and consumer
> choice …. ICANN will organize a further review of its execution of the
> above commitments two years after the first review, and then no less
> frequently than every four years.
>           In the Initial Draft Proposal, this AoC language was transposed
> into the Core Values by requiring ICANN to depend “on market mechanisms to
> proote and sustain a healthy competitive environment in the DNS market that
> enhances consumer trust and choice.” (Para 107, page 27 Initial Draft
> Proposal)
>   In the 2nd Draft Proposal we elected to delete the reference to consumer
> trust in the Mission statement and include it in the Review section of the
> Bylaws (See 3rd Report, Appendix 9, Para. 33).  The reason we agreed to
> make this switch was because it is not a standalone ICANN commitment in the
> AoC, rather, it is specifically tied to new gTLD expansion and specifically
> tied to a required review.
>           Several commenters in both the 2nd and 3rd comment round argued
> that the Core Values should specifically call out consumer trust.  Some
> have disputed my characterization of Paragraph 3 of the AoC (i.e., it
> states the goals of the AoC but does not recite a specific commitment), on
> the grounds that my characterization is an opinion and not a fact.
> Should an AoC provision specific to TLD expansion be leveraged to impose
> generalized, independent, and affirmative competition and consumer trust
> protection obligations on ICANN?
> Does ICANN’s fundamental Mission to ensure “stable and secure operation”
> of the DNS, and its various Commitments (i.e., to use processes that enable
> competition,             and to preserve stability, reliability, security,
> global interoperability, resilience, and openness) adequately address this
> concern?
> J. Beckwith Burr
> Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
> <http://www.neustar.biz>
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> *******************************
> David G Post - Senior Fellow, Open Technology Institute/New America
> Foundation
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