[CCWG-ACCT] "Christmas trees" and "Consumer Trust" in Article 1 of the Bylaws

[Seun Ojedeji]

Perhaps what "management of TLD" mean for ICANN needs to be clarified and I
like to get it clear through example. Is ICANN said to be "managing TLD" in
the 2 broad scenarios below:

1. That ICANN by its policy/procedure approves specific TLD to certain
applicant

2. That ICANN require an already assigned TLD be used/operated in a
specific way.

It seem 1 is within scope and 2 is where the question mark is, but how does
ICANN fulfill item1 without implementing/enforcing some form of item 2.

Regards
On 14 Jan 2016 12:00 a.m., "Andrew Sullivan" <ajs at anvilwalrusden.com> wrote:

> On Wed, Jan 13, 2016 at 05:50:00PM -0500, Avri Doria wrote:
> >
> > Are incumbent gTLDs included within the "certain parts of the DNS" that
> > ICANN should manage?
>
> Actually, my view is that ICANN shouldn't manage TLDs at all.  It
> should manage delegations from the root zone.  Some of those
> delegations came with (more or less elaborate) rules around what made
> the delegation acceptable, and I can see my way to agreeing that ICANN
> should also be in a position to enforce such rules on the grounds that
> they were the basis for the original delegation (setting aside whether
> they should have been).  Some continations of an agreement around
> delegation have also come with rules about what ICANN wanted as a
> basis for not finding a new operator of the enclosed name space;
> again, on the basis of existing commercial agreements I think ICANN
> should be in a position to enforce such rules.
>
> I note that this enforcement includes a duty to escrow the TLD's
> registration data (for some value thereof) in such a way that, if the
> operator of the TLD in question were to misbehave, ICANN would be in a
> position to undertake a forced redelegation.  But note that merely
> moves the actual management of the TLD itself to some other operator,
> and does not actually make ICANN the manager of that subordinate
> namespace.
>
> Best regards,
>
> A
>
> --
> Andrew Sullivan
> ajs at anvilwalrusden.com
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