[Rt4-whois] Affirmation

Wed Jan 19 11:24:17 UTC 2011

The Affirmation of Commitments can be found on ICANN's website at:
http://icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm

And also is included below, FYI.

Regards,
Denise

Denise Michel
ICANN
Advisor to the President
denise.michel at icann.org
+1.408.429.3072 mobile
+1.310.578.8632 direct

1. This document constitutes an Affirmation of Commitments (Affirmation) by
the United States Department of Commerce ("DOC") and the Internet
Corporation for Assigned Names and Numbers ("ICANN"), a not-for-profit
corporation. In recognition of the conclusion of the Joint Project Agreement
and to institutionalize and memorialize the technical coordination of the
Internet's domain name and addressing system
(DNS)1<http://icann.org/en/documents/affirmation-of-commitments-30sep09-en.htm#footnote1>,
globally by a private sector led organization, the parties agree as follows:

2. The Internet is a transformative technology that will continue to empower
people around the globe, spur innovation, facilitate trade and commerce, and
enable the free and unfettered flow of information. One of the elements of
the Internet's success is a highly decentralized network that enables and
encourages decision-making at a local level. Notwithstanding this
decentralization, global technical coordination of the Internet's underlying
infrastructure - the DNS - is required to ensure interoperability.

3. This document affirms key commitments by DOC and ICANN, including
commitments to: (a) ensure that decisions made related to the global
technical coordination of the DNS are made in the public interest and are
accountable and transparent; (b) preserve the security, stability and
resiliency of the DNS; (c) promote competition, consumer trust, and consumer
choice in the DNS marketplace; and (d) facilitate international
participation in DNS technical coordination.

4. DOC affirms its commitment to a multi-stakeholder, private sector led,
bottom-up policy development model for DNS technical coordination that acts
for the benefit of global Internet users. A private coordinating process,
the outcomes of which reflect the public interest, is best able to flexibly
meet the changing needs of the Internet and of Internet users. ICANN and DOC
recognize that there is a group of participants that engage in ICANN's
processes to a greater extent than Internet users generally. To ensure that
its decisions are in the public interest, and not just the interests of a
particular set of stakeholders, ICANN commits to perform and publish
analyses of the positive and negative effects of its decisions on the
public, including any financial impact on the public, and the positive or
negative impact (if any) on the systemic security, stability and resiliency
of the DNS.

5. DOC recognizes the importance of global Internet users being able to use
the Internet in their local languages and character sets, and endorses the
rapid introduction of internationalized country code top level domain names
(ccTLDs), provided related security, stability and resiliency issues are
first addressed. Nothing in this document is an expression of support by DOC
of any specific plan or proposal for the implementation of new generic top
level domain names (gTLDs) or is an expression by DOC of a view that the
potential consumer benefits of new gTLDs outweigh the potential costs.

6. DOC also affirms the United States Government's commitment to ongoing
participation in ICANN's Governmental Advisory Committee (GAC). DOC
recognizes the important role of the GAC with respect to ICANN
decision-making and execution of tasks and of the effective consideration by
ICANN of GAC input on the public policy aspects of the technical
coordination of the Internet DNS.

7. ICANN commits to adhere to transparent and accountable budgeting
processes, fact-based policy development, cross-community deliberations, and
responsive consultation procedures that provide detailed explanations of the
basis for decisions, including how comments have influenced the development
of policy consideration, and to publish each year an annual report that sets
out ICANN's progress against ICANN's bylaws, responsibilities, and strategic
and operating plans. In addition, ICANN commits to provide a thorough and
reasoned explanation of decisions taken, the rationale thereof and the
sources of data and information on which ICANN relied.

8. ICANN affirms its commitments to: (a) maintain the capacity and ability
to coordinate the Internet DNS at the overall level and to work for the
maintenance of a single, interoperable Internet; (b) remain a not for profit
corporation, headquartered in the United States of America with offices
around the world to meet the needs of a global community; and (c) to operate
as a multi-stakeholder, private sector led organization with input from the
public, for whose benefit ICANN shall in all events act. ICANN is a private
organization and nothing in this Affirmation should be construed as control
by any one entity.

9. Recognizing that ICANN will evolve and adapt to fulfill its limited, but
important technical mission of coordinating the DNS, ICANN further commits
to take the following specific actions together with ongoing commitment
reviews **specified below:

9.1 Ensuring accountability, transparency and the interests of global
Internet users: ICANN commits to maintain and improve robust mechanisms for
public input, accountability, and transparency so as to ensure that the
outcomes of its decision-making will reflect the public interest and be
accountable to all stakeholders by: (a) continually assessing and improving
ICANN Board of Directors (Board) governance which shall include an ongoing
evaluation of Board performance, the Board selection process, the extent to
which Board composition meets ICANN's present and future needs, and the
consideration of an appeal mechanism for Board decisions; (b) assessing the
role and effectiveness of the GAC and its interaction with the Board and
making recommendations for improvement to ensure effective consideration by
ICANN of GAC input on the public policy aspects of the technical
coordination of the DNS; (c) continually assessing and improving the
processes by which ICANN receives public input (including adequate
explanation of decisions taken and the rationale thereof); (d) continually
assessing the extent to which ICANN's decisions are embraced, supported and
accepted by the public and the Internet community; and (e) assessing the
policy development process to facilitate enhanced cross community
deliberations, and effective and timely policy development. ICANN will
organize a review of its execution of the above commitments no less
frequently than every three years, with the first such review concluding no
later than December 31, 2010. The review will be performed by volunteer
community members and the review team will be constituted and published for
public comment, and will include the following (or their designated
nominees): the Chair of the GAC, the Chair of the Board of ICANN, the
Assistant Secretary for Communications and Information of the DOC,
representatives of the relevant ICANN Advisory Committees and Supporting
Organizations and independent experts. Composition of the review team will
be agreed jointly by the Chair of the GAC (in consultation with GAC members)
and the Chair of the Board of ICANN. Resulting recommendations of the
reviews will be provided to the Board and posted for public comment. The
Board will take action within six months of receipt of the recommendations.
Each of the foregoing reviews shall consider the extent to which the
assessments and actions undertaken by ICANN have been successful in ensuring
that ICANN is acting transparently, is accountable for its decision-making,
and acts in the public interest. Integral to the foregoing reviews will be
assessments of the extent to which the Board and staff have implemented the
recommendations arising out of the other commitment reviews enumerated
below.

9.2 Preserving security, stability and resiliency: ICANN has developed a
plan to enhance the operational stability, reliability, resiliency,
security, and global interoperability of the DNS, which will be regularly
updated by ICANN to reflect emerging threats to the DNS. ICANN will organize
a review of its execution of the above commitments no less frequently than
every three years. The first such review shall commence one year from the
effective date of this Affirmation. Particular attention will be paid to:
(a) security, stability and resiliency matters, both physical and network,
relating to the secure and stable coordination of the Internet DNS; (b)
ensuring appropriate contingency planning; and (c) maintaining clear
processes. Each of the reviews conducted under this section will assess the
extent to which ICANN has successfully implemented the security plan, the
effectiveness of the plan to deal with actual and potential challenges and
threats, and the extent to which the security plan is sufficiently robust to
meet future challenges and threats to the security, stability and resiliency
of the Internet DNS, consistent with ICANN's limited technical mission. The
review will be performed by volunteer community members and the review team
will be constituted and published for public comment, and will include the
following (or their designated nominees): the Chair of the GAC, the CEO of
ICANN, representatives of the relevant Advisory Committees and Supporting
Organizations, and independent experts. Composition of the review team will
be agreed jointly by the Chair of the GAC (in consultation with GAC members)
and the CEO of ICANN. Resulting recommendations of the reviews will be
provided to the Board and posted for public comment. The Board will take
action within six months of receipt of the recommendations.

9.3 Promoting competition, consumer trust, and consumer choice: ICANN will
ensure that as it contemplates expanding the top-level domain space, the
various issues that are involved (including competition, consumer
protection, security, stability and resiliency, malicious abuse issues,
sovereignty concerns, and rights protection) will be adequately addressed
prior to implementation. If and when new gTLDs (whether in ASCII or other
language character sets) have been in operation for one year, ICANN will
organize a review that will examine the extent to which the introduction or
expansion of gTLDs has promoted competition, consumer trust and consumer
choice, as well as effectiveness of (a) the application and evaluation
process, and (b) safeguards put in place to mitigate issues involved in the
introduction or expansion. ICANN will organize a further review of its
execution of the above commitments two years after the first review, and
then no less frequently than every four years. The reviews will be performed
by volunteer community members and the review team will be constituted and
published for public comment, and will include the following (or their
designated nominees): the Chair of the GAC, the CEO of ICANN,
representatives of the relevant Advisory Committees and Supporting
Organizations, and independent experts. Composition of the review team will
be agreed jointly by the Chair of the GAC (in consultation with GAC members)
and the CEO of ICANN. Resulting recommendations of the reviews will be
provided to the Board and posted for public comment. The Board will take
action within six months of receipt of the recommendations.

9.3.1 ICANN additionally commits to enforcing its existing policy relating
to WHOIS, subject to applicable laws. Such existing policy requires that
ICANN implement measures to maintain timely, unrestricted and public access
to accurate and complete WHOIS information, including registrant, technical,
billing, and administrative contact information. One year from the effective
date of this document and then no less frequently than every three years
thereafter, ICANN will organize a review of WHOIS policy and its
implementation to assess the extent to which WHOIS policy is effective and
its implementation meets the legitimate needs of law enforcement and
promotes consumer trust. The review will be performed by volunteer community
members and the review team will be constituted and published for public
comment, and will include the following (or their designated nominees): the
Chair of the GAC, the CEO of ICANN, representatives of the relevant Advisory
Committees and Supporting Organizations, as well as experts, and
representatives of the global law enforcement community, and global privacy
experts. Composition of the review team will be agreed jointly by the Chair
of the GAC (in consultation with GAC members) and the CEO of ICANN.
Resulting recommendations of the reviews will be provided to the Board and
posted for public comment. The Board will take action within six months of
receipt of the recommendations.

10. To facilitate transparency and openness in ICANN's deliberations and
operations, the terms and output of each of the reviews will be published
for public comment. Each review team will consider such public comment and
amend the review as it deems appropriate before it issues its final report
to the Board.

11. The DOC enters into this Affirmation of Commitments pursuant to its
authority under 15 U.S.C. 1512 and 47 U.S.C. 902. ICANN commits to this
Affirmation according to its Articles of Incorporation and its Bylaws. This
agreement will become effective October 1, 2009. The agreement is intended
to be long-standing, but may be amended at any time by mutual consent of the
parties. Any party may terminate this Affirmation of Commitments by
providing 120 days written notice to the other party. This Affirmation
contemplates no transfer of funds between the parties. In the event this
Affirmation of Commitments is terminated, each party shall be solely
responsible for the payment of any expenses it has incurred. All obligations
of the DOC under this Affirmation of Commitments are subject to the
availability of funds.
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