[CWG-Stewardship] authorization function for ccTLDs

[Milton L Mueller]

Desiree:
So, according to you, the lawyer (counsel) who authorizes delegations/redelegations would be provided by the ccNSO? Or from some other "group of ccTLDs"? what if the ccNSO lawyer had one opinion and the lawyer provided by another group had a different opinion? Not criticizing, just trying to understand what is being proposed.

Erick:
My opinion of the legal status of a ccTLD is not relevant to answering those questions. I repeat:  I am not criticizing the proposal, I am just trying to understand what is being proposed.


From: Desiree Miloshevic [mailto:dmiloshevic at afilias.info]
Sent: Tuesday, December 2, 2014 10:51 AM
To: Milton L Mueller
Cc: CWG Stewardship
Subject: Re: [CWG-Stewardship] authorization function for ccTLDs

Milton

Before you respond to Erick - I'll just say add that, for example, the ccNSO FOIWG worked on interpretation of RFC 1591 and other IANA related policy guidelines.
http://ccnso.icann.org/workinggroups/foi-final-07oct14-en.pdf

My understanding is that bodies like the ccNSO or group of ccTLDs are there to develop policies regarding the delegation and redelegation of ccTLDs.
It's my personal view that it could potentially form such a council in future and give opinions. (independent of ICANN board).

Desiree
--

On 2 Dec 2014, at 15:30, Erick Iriarte <eiriarte at iriartelaw.com<mailto:eiriarte at iriartelaw.com>> wrote:


Milton
to understand better your message and position: for you exactly what is the legal status of a cctld ?
Erick


El 2/12/2014, a las 10:16, Milton L Mueller <mueller at syr.edu<mailto:mueller at syr.edu>> escribió:

I have some questions regarding this:

"The CWG is considering replacing the authorization role, at least with regard to ccTLDs, with a written opinion from counsel (independent of ICANN) that each delegation and re-delegation request meets the policy requirements cited in the publicly posted reports."

Where would this counsel come from?
Whose counsel is it if it is independent of ICANN and ICANN is supplying the IANA service?
Since most of the policy requirements related to ccTLD delegation/redelegation are not laws, but things like RFC 1591, on what basis is the counsel's opinion made? Precedent?

Milton L. Mueller
Laura J. and L. Douglas Meredith Professor
Syracuse University School of Information Studies
http://faculty.ischool.syr.edu/mueller/mueller/Home.html

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