[CWG-Stewardship] CWG On Naming Related Functions - Comments, Public Consultation on Draft Transition Proposal

[Lindeberg, Elise]

All,  -most of the comments from my colleagues in the GAC will be posted directly on the CWG list, but I will look for, and forward, comments that are posted on the GAC list.



·         I can see that the proposal is still "under construction" since requirements such as affordability of appeal mechanisms are not dealt with in the draft proposal. In the "Key questions and issues" paper, the ccWG says that standing to file appeals using the proposed appeals panel is still under consideration by the CWG. Effectiveness of those recourse mechanisms depend to a large extent on who can appeal a decision and on what grounds. Effectiveness, affordability and independence of appeal mechanisms are key elements of a sound accountability system for us. I don´t know whether it belongs to this WG or the other on accountability to elaborate on appeal mechanisms.


·         The draft proposal refers to applicable law and jurisdiction especially as regards ccTLDs. However, it does not work out in detail how to reconcile the enforcement of the IANA functions contract with decisions made at the local level notably to redelegate a ccTLD. The process for delegation and relegation of ccTLDs, including any appeal or review mechanisms, could be tested against instances where the redelegation is disputed, i.e. by the incumbent Registry operator because they are the most complex scenarios ICANN can be confronted to.


·         The Security and Stability Advisory Committee has just released and Advisory on Maintaining the Security and Stability of the IANA Functions Through the Stewardship Transition (SAC 069) which contains several recommendations as regards accountability and protection against outside political or economic influence on the IANA Functions Operator. It also recalls that the current contracts provides a legal shield for the performance of IANA functions as they relate to entities subject to U.S. Government sanctions and recommends that this is retained in future IANA Service contracts. It could be worth exploring this issue in ccWG on naming related functions. The Advisory can be found here: https://www.icann.org/resources/pages/documents-2012-02-25-en


Wishing you all a happy holiday season between all the upcoming calls :)

Elise

Best regards

Elise Knutssøn Lindeberg
Senior Legal Adviser, GAC representative
Networks Department
Norwegian Post and Telecommunications Authority
e-mail: ekl at npt.no<mailto:ekl at npt.no>
Mobile: +47 90190947

As of January 1st 2015 NPT will be known as the Norwegian Communications Authority.



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