[CPWG] Are Blockchain Domains within the Mission of ICANN - WAS RE: Questions to the board about distributed DNS

[Evan Leibovitch]

Hi Mike,

Evan I am going to push back. I think At-Large is probably the optimal
> place to discuss alternative root names.  Per the At Large Website –
> “At-Large Community acts on the interests of Internet users.”  I would
> argue that At Large is not limited to just Root Zone domain names and IP
> addresses.   Moreover, when you look at ICANN’s articles of incorporation,
> I think it provides a much larger mandate that just the coordination of
> domain names and IP addresses:
>
>
>
> pursue the charitable and public purposes of lessening the burdens of
> government and promoting the global public interest in the operational
> stability of the Internet by carrying out the mission set forth in the
> bylaws of the Corporation (“*Bylaws*”). Such global public interest may
> be determined from time to time.  Any determination of such global public
> interest shall be made by the multistakeholder community through an
> inclusive bottom-up multistakeholder community process.
>



Carlton's well-expressed pushback to the pushback is supported by fact.

The articles of a corporation are by nature (I've done quite a few myself)
as wide-ranging as regulations allow. Based on the Articles alone ICANN's
aims are nearly indistinguishable from those of ISOC or the IGF. It's in
those Bylaws and the Mission -- referred to by the Articles -- where we
find the applicable scope and context limitations.

Bylaw 1.1(a)
<https://www.icann.org/resources/pages/governance/bylaws-en#article1> --
the very first one -- makes quite clear that ICANN's mission and remit is
to (emphasis mine):

(i) *Coordinates the allocation and assignment of names in the root zone of
the Domain Name System* ("DNS") and coordinates the development and
implementation of policies concerning the registration of second-level
domain names in generic top-level domains ("gTLDs"). [...]

(ii) *Facilitates the coordination of the operation and evolution of the
DNS *root name server system.

(iii) Coordinates the allocation and assignment at the top-most level of
Internet Protocol numbers and Autonomous System numbers. [...]

(iv) Collaborates with other bodies as appropriate to provide registries
needed for the functioning of the Internet *as specified by Internet
protocol standards development organizations*. In service of its Mission,
ICANN's scope is to provide registration services and open access for
registries in the public domain requested by Internet protocol development
organizations.
And that's immediately followed by 1.1(b):

*ICANN shall not act outside its Mission.*

So, indeed, ICANN's scope* most certainly is* limited to the DNS and IP
numbers. At best 1.1(a)(iv) could be interpreted as mandating collaboration
with non-DNS registration systems, but I'm waiting for "Internet protocol
standards development organizations" to recognize them before ICANN gets
involved. I have already agreed that we need to keep an eye out and be
aware of challenges that *might* exist from external sources of collision
that are outside ICANN's control. Such challenges have existed before.
<https://en.wikipedia.org/wiki/Alternative_DNS_root> But ICANN is not
mandated to address the issue unless directed to do so by the IETF (or some
other standards body? W3C? ANSI? IEEE?). And while At-Large has the ability
to address ICANN issues beyond the policy-based limits of the GNSO, its
pure function is to provide advice to the ICANN Board, staff and
constituencies (that's the second "A" in ALAC) "*on the activities of ICANN*"
according to Bylaw 12.2(d)
<https://www.icann.org/resources/pages/bylaws-2022-06-02-en#article12>.

ICANN's activities are limited to the DNS and coordination with other
bodies as directed by appropriate Internet standards organizations. No such
direction has been given regarding blockchain-based DNS wannabes. And ICANN
At-Large is limited to addressing ICANN's activities.

Anything beyond this is an abrogation of the ICANN Bylaws. I stand behind
what I said.

Cheers,
Evan
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