[CWG-Stewardship] Do we really need a Contracting Co.?

Wed Dec 3 00:19:24 UTC 2014

Holly and all:

I have the same questions and concerns. Are we taking the route of a
Contrac Co, because is what NTIA is expecting to see as part of the
proposal or is it because concerns of ICANN accountability. My impression
is the second.

-ed

On Tue, Dec 2, 2014 at 7:12 PM, Holly Raiche <h.raiche at internode.on.net>
wrote:

> Seun
>
> You have summed up the issue wonderfully.
>
> Yes, we appear to be going down the second route.  But there are still
> questions around that route.  Alan’s (and Olivier’s and many other's)
> inputs have asked hard questions about the route - as have I.  In
> particular, I asked about the proposed Contract Co.  If it is to be
> created, what is to be its nature, size, powers, funding.  From Greg, it
> emerged that what was envisaged was a shelf company and the multi
> stakeholder processes under its umbrella would be the mechanisms of
> accountability.  Since then, it appears that the Contract Co will be more
> than a shelf company, so the many questions about its nature, powers,
> funding remain.  And without answers, I am not sure why the first
> alternative - fixing the accountability mechanisms - has been rejected.  It
> appears we are hoping the creation of a legal entity (however small) will
> solve problems.  I remain to be convinced.
>
> Holly
>
> On 3 Dec 2014, at 7:21 am, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:
>
> Hi Chuck,
>
> Thanks a lot for sharing this url....its really useful and i am going to
> hope that the accountability team are looking at scenarios like that to fix
> ICANN. Inview of this, there are generally 2 routes:
>
> - Fix the accountability mechanisms within ICANN and let the NTIA role
> naturally go away
>
> - While the accountability mechanism is yet to be fixed, provide a means
> by which IANA can still be moved out of ICANN
>
> I presume we are currently going the second route at the moment. So a
> question that i may ask is, will it not be better to work towards the first
> route through the second route? This will mean maintaining the ability to
> move IANA from current operator with an external body (can be an existing
> body like ISOC, IETF etc) or the lightweight (Contracting Co earlier
> proposed) and then provide certain principles/mechanisms that this CWG
> expect to have been addressed within specific time-frame.
>
> That will give ICANN (and its community) enough time to work on improving
> its accountability measures within the timeline indicated by this CWG.
>
> Regards
> On Tue, Dec 2, 2014 at 2:05 PM, Gomes, Chuck <cgomes at verisign.com> wrote:
>
>>  Seun,
>>
>>
>>
>> Please see the letter I sent to Fadi in 2013:
>> https://www.icann.org/resources/correspondence/gomes-to-chehade-2013-08-30-en
>> .
>>
>>
>>
>> Chuck
>>
>>
>>
>> *From:* cwg-stewardship-bounces at icann.org [mailto:
>> cwg-stewardship-bounces at icann.org] *On Behalf Of *Seun Ojedeji
>> *Sent:* Tuesday, December 02, 2014 3:57 AM
>> *To:* Avri Doria
>> *Cc:* cwg-stewardship at icann.org
>> *Subject:* Re: [CWG-Stewardship] Do we really need a Contracting Co.?
>>
>>
>>
>> On Tue, Dec 2, 2014 at 7:33 AM, Avri Doria <avri at acm.org> wrote:
>>
>>
>>
>> On 02-Dec-14 07:16, Seun Ojedeji wrote:
>>
>> I also don't understand the view that ICANN community and corporate are
>> separate.
>>
>>
>> The ICANN Board and Staff are independent of the Community and can
>> overrule the community either by a vote of the Board, or by calling an
>> action 'implementation' that does not require community agreement.
>>
>>
>>
>> Okay, may i ask if this is happening at the moment and what the NTIA role
>> has been in making sure it does not happen? because what we are trying to
>> transition is the NTIA role and not ICANN management itself....if there is
>> something that needs to be fixed in the ICANN structure then it could be
>> put in the requirement for transition (most of which should be looked into
>> by the accountability cwg).
>>
>>
>>  especially since the Board, given its understanding of the its
>> fiduciary responsibility sees itself as NOT representing the community. Adn
>> the staff is governed by a CEO that is not subject, in any way, to
>> community appproval in hiring or contract renewal.  The Community has NO
>> influence over ICANN Staff.
>>
>>
>>
>> Well in the RIR world the board (by by-law) acts in the interest of the
>> organisation. They may also choose not to listen to the community but they
>> usually wisely choose otherwise.... ;).
>>
>>
>>
>> What does that mean? and how is ICANN community different from a typical
>> RIR community.
>>
>> In the RIRs there is no body with a vote that can overrule the will of
>> the community in policy making.
>>
>>
>>
>> The RIR board by the by-law could decide not to approve a policy
>> proposal, its just that they have not had any reason to exercise such
>> powers. So if you are saying there has been consistence instances where a
>> policy that achieved consensus in the ICANN community was overruled by the
>> board, then there is definitely something wrong and will be good to have an
>> example of such scenario to understand why they took such action and
>> determine how to avoid such in future. This is how we build the
>> organisation from inside especially if we understand that ICANN is the home
>> for gTLD
>>
>>
>>
>> Please when you think of who pays, think of it from the customer
>> perspective, think of participation, think of the resources that's already
>> been expended in this current ICG process.
>>
>>
>> How does the contractor paying hurt the consumers?
>>
>>
>>
>> I think it will be safer to answer this with another question, where will
>> the contractor get the money to pay from?
>>
>>
>>
>>
>> I persist in seeing the only real possibility of capture in a massively
>> multistakeholder body is that the community process can be captured by
>> ICANN corporate decisions made that disregard the community's consensus,
>> and that is what we need to protect against.
>>
>>
>>
>> Looks like you are now referring the MRT to be a MASSIVE
>> multi-stakeholder body, please can we fashion out the composition and
>> charter of this organisation so we appreciate what we are looking at. It
>> sure seem there is going to be a lot of mechanism required to ensure that
>> the multistakeholder body is indeed inclusive.
>>
>> Regards
>>
>>
>> avri
>>
>>
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>>
>>
>>
>>
>> --
>>
>> ------------------------------------------------------------------------
>>
>>
>>
>> *Seun Ojedeji, Federal University Oye-Ekiti web:      *
>> *http://www.fuoye.edu.ng <http://www.fuoye.edu.ng/> **Mobile:
>> +2348035233535 <%2B2348035233535>*
>> *alt email: <http://goog_1872880453/>seun.ojedeji at fuoye.edu.ng
>> <seun.ojedeji at fuoye.edu.ng>*
>>
>> The key to understanding is humility - my view !
>>
>>
>>
>
>
>
> --
> ------------------------------------------------------------------------
>
>
>
>
>
> *Seun Ojedeji,Federal University Oye-Ekitiweb:
> http://www.fuoye.edu.ng <http://www.fuoye.edu.ng/> Mobile: +2348035233535**alt
> email: <http://goog_1872880453/>seun.ojedeji at fuoye.edu.ng
> <seun.ojedeji at fuoye.edu.ng>*
>
> The key to understanding is humility - my view !
>
>
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