[Ws2-jurisdiction] Jurisdiction Questionnaire: RESPONSE REQUESTED

Mueller, Milton L milton at gatech.edu
Sun Jan 22 14:15:38 UTC 2017


Just ran across this. I think Greg’s version of history needs some correction:

Let's not rewrite history here.

First, it was always the intention that ICANN would eventually be removed from NTIA oversight through expiration of the IANA agreement.

MM: half true. The Clinton administration did have that intention but the G.W. Bush administration backed away from it, and during WSIS issued a statement that it “will therefore maintain its historic role in authorizing changes or modifications to the authoritative root zone file.” https://www.ntia.doc.gov/other-publication/2005/us-principles-internets-domain-name-and-addressing-system The Obama admin and particularly Asst Sec Strickling renewed that commitment.

Second, the removal of ICANN from NTIA oversight was not initiated by the multistakeholder community, it was initiated by the NTIA.

MM: Not true. Various civil society organizations and some governments had been clamoring for this change for years, and the USG did not do it. Post-Snowden, the immediate precipitant of the change was the Internet technical community’s “Montevideo Statement.” https://www.icann.org/news/announcement-2013-10-07-en
To say that the NTIA was acting entirely on its own initiative and not to pressure created by the Snowden revelations is a bit of a distortion of the situation.

Third, the plan for removal of ICANN from NTIA oversight did not originally include the CCWG-Accountability.  The CCWG was only chartered after serious concerns were raised by the community, including "instances" where the community's ability to exercise oversight of ICANN were found wanting.

MM: This is true.

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