[CPWG] ICANN’s Contractual Governance Regime

[Roberto Gaetano]

🤫🙄

Inviato da iPhone

Il giorno 24.07.2023, alle ore 20:56, Alberto Soto Roldan via CPWG <cpwg at icann.org> ha scritto:


And what is Mlton's proposal?
Regards
Alberto

De: CPWG <cpwg-bounces at icann.org> En nombre de David Mackey via CPWG
Enviado el: lunes, 24 de julio de 2023 12:40
Para: CPWG <cpwg at icann.org>
Asunto: [CPWG] ICANN’s Contractual Governance Regime

fyi: Sharing this blog post by Milton Mueller<https://www.internetgovernance.org/2023/06/15/the-big-question-facing-icanns-contractual-governance-regime/> regarding a discussion held at ICANN 77, because it seems relevant to the At-Large CPWG community ...

"ICANN never ceases to pose fascinating issues in global governance. At ICANN 77, held in Washington DC June 12 – 16, a dramatic debate took place about ICANN’s proper scope of authority. Some interest groups (mainly Registries and GAC) want ICANN to be empowered to enforce compliance with Registry Voluntary Commitments (RVCs), formerly known as Public Interest Commitments (PICs). Civil society groups and some Internet businesses see in the proposed change a threat to freedom of expression on the internet and an attempt to undermine ICANN’s multistakeholder policy development process.

Underlying this debate are important questions about the relationship between private contracting, multistakeholder governance, and public policy."

...

"The RVC problem is really a derivative of a more fundamental flaw in ICANN’s new TLD processes. Instead of defining clear, simple rules for nondiscriminatory awards of new TLDs, ICANN has created a bureaucratic morass of regulations and veto powers. The fate of a TLD application is not governed by any predictable rules. It is all discretionary, and the GAC in particular wants to be in a position to veto or modify applications and names that it doesn’t like.

Fortunately, Registry commitments that are designed to regulate content and services and make ICANN their enforcer are clearly violations of ICANN’s fundamental bylaws. The plot to bypass bottom up policy making process cannot succeed unless those bylaws are modified, and the modification would be so fundamental and the social gain so miniscule that it is hard to imagine it ever happening.

Never underestimate the ability of ICANN’s board, the GAC and DNS industry short-term self-interest to screw things up, however. Keep an eye on this process, and we hope this blog post helped you understand the stakes."

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