[governance] ICANN comments on WGIG report

[Adam Peake (ajp@glocom.ac.jp)]

ICANN's sent comments on the WGIG report for prepcom3.  

<http://www.icann.org/announcements/ICANN-WGIG-report-comments-15aug05.pdf>

"The role of the US government in current authorisation of changes to
the root zone files is as a reviewer to ensure that ICANN has followed
properly the procedural requirements for zone file changes. The
transparency of the arrangements, coupled with the value system of the
Internet's stakeholders, is such that neither the US or any other
government, nor any individual, organisation, nor group of
organisations, is able, either now or in the future, to abuse the
editing function of the root zone file. This is particularly important
for changes to the root zone file as regards the entries of
countrycode Top Level Domains."

Relevant to xxx I guess.  

"procedural requirements for zone file changes" are hardly well
defined, and certainly not transparent (.IQ
<http://blog.lextext.com/blog/_archives/2005/8/4/1108174.html>), but
still I think the first time ICANN has made this comment.

Later:

"(Paragraph 25) Data protection and privacy rights: ICANN recognises
the importance of data protection and privacy rights. With regard to
those areas under its mandate, it is working with stakeholders on
concerns raised over the issues surrounding Whois databases. ICANN is
also looking forward to new technical proposals from the IETF for
re-structuring of the databases vital to the operation of the Internet
and the registration of IP address assignments and domain name
registrations. For further comments to data protection and privacy
rights, see also comments to Paragraph 83."

and

"(Paragraph 26) Consumer rights: ICANN has an extremely limited
mandate which does not lead into acting in consumer protection, not
even in the registration of domain names. Issues surrounding consumer
rights as they relate to the registration of domain names fall to the
national jurisdictions and national law. ICANN-approved registries and
registrars are obligated to comply with national and/or laws. ICANN
does encourage responsible behavior of the approved registries and
registrars before consumers worldwide."


Easily confused by laws, but why would ICANN not also write (para 83
notwithstanding) "Issues surrounding privacy rights as they relate to
the registration of domain names fall to the national jurisdictions
and national law. ICANN-approved registries and registrars are
obligated to comply with national and/or laws." ?  If there are
national and/or laws surly registries and registrars have an
obligations to follow them, rather than ICANN?

Anyway, first time I've seen ICANN make that statement about the root zone.  

Adam

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