[cc-humanrights] Fwd: [CCWG-ACCT] U.S. Senate Committee on Commerce, Science, and Transportation Full Hearing on 24 May 2016

[Seth Johnson]

FYI

---------- Forwarded message ----------
From: Seth Johnson <seth.p.johnson at gmail.com>
Date: Tue, May 24, 2016 at 5:46 PM
Subject: Re: [CCWG-ACCT] U.S. Senate Committee on Commerce, Science,
and Transportation Full Hearing on 24 May 2016
To: Sivasubramanian M <isolatedn at gmail.com>
Cc: Accountability Cross Community
<accountability-cross-community at icann.org>, "ianatransition at icann.org"
<ianatransition at icann.org>


On Tue, May 24, 2016 at 2:07 PM, Sivasubramanian M <isolatedn at gmail.com> wrote:

<SNIP>

> Even while continuing to be in the California Jurisdiction, the
> Accountability design requires to be one that would move ICANN governance
> as farther away from California Courts as possible. Could there be an
> Accountability design that could take ICANN governance away from lawyers
> (no disrespect intended) but towards a balanced and inherently just
> framework? Could there be a "soft enough" or "loose" oversight/observation
> by the NTIA at least until Workstream 2 and other Accountability processes
> place together such a self-contained framework for global public interest?
>
> In many ways, a soft interim role for the US Government, or a short delay
> would actually ensure that the transition details are gracefully accepted by
> the whole world.


It should be noted that this is essentially the role the NTIA has been
simulating thus far.  They've sort of/supposedly handed it off a bit
already by creating ICANN.  Then sort of/supposedly the processes are
private as much as possible, and NTIA only acts in the most
circumspect way when it appears prudent.

The premise in that story of the transition is that privatizing under
ICANN (via corporate statute in a certain jurisdiction/CA) does the
job that's needed.  I would hold that a just framework like you
describe would have to be examined, including in relation to that
premise, in WS2 whatever happens re NTIA's role.

My guess is the political impetus is to going cold turkey.  But what I
would say is that you may still have to work on addressing what's
going to happen by putting up a strong effort in WS2.  Jurisdiction
and rights are in that discussion.  To my reckoning, what's been done
is the ICANN internal stuff.  There's more happening though, and
that's what you need to be attentive to.


Seth


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> Sivasubramanian M
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