[governance] IP3: "ICANN Reform: Establishing the Rule of Law"

[Hans Klein]

Dear Governance List Subscribers,

A word of explanation on this analysis. I have not been very active on this 
list, but I keep up on the postings.

I went through the recent very rich discussion on "political 
oversight."  There were a LOT of good ideas there, but I had difficulty 
integrating them all into one coherent picture of what was being proposed.

This paper offers a synthetic framework for understanding all the myriad 
issues around "political oversight."  I hope that some of your find it 
useful in seeing the big picture.

The paper expresses a lot of skepticism towards non-governmental 
governance. I realize that many in CS favor such an approach.  The paper 
lists the instances of industry "capture" that have occurred around ICANN, 
and the list is surprising long: IFWP (1998), ICANN Board (2002), ISOC 
(2002), .ORG, ALAC, and .COM.  That history certainly does not give grounds 
for optimism on non-governmental governance.

There are some fairly detailed recommendations as well.

See you all in Tunis!

Hans


=========================================================
   Hans K. Klein
   Associate Professor                                Tel: 404-894-2258
   School of Public Policy, MC:0345            Fax: 404-894-0535
   Georgia Institute of 
Technology               hans.klein at pubpolicy.gatech.edu
   Atlanta, GA 30332-0345
   http://www.prism.gatech.edu/~hk28/

   Director, Internet and Public Policy Project (IP3) of Georgia Tech
   http://www.ip3.gatech.edu/

=========================================================




At 08:05 PM 11/3/2005, Hans Klein wrote:

>The following is a policy analysis prepared for WSIS:
>
>"ICANN Reform: Establishing the Rule of Law"
>
>Abstract
>======
>Debates over Internet governance can be clarified by the
>recognition that ICANN is a regulatory agency.  Its
>responsibilities for setting base prices, protecting
>trademarks, and controlling market entry are typical
>of a regulatory agency.  Principles for good governance
>of regulatory agencies exist and should be applied to
>ICANN.  These emphasize the rule of law, i.e. reliance
>on rules to limit power politics.
>
>ICANN's history shows how private governance can be
>captured by powerful players.  At WSIS governments
>need to create and enforce a legally-defined framework
>that limits the power of all stakeholders -- including
>governments themselves.  By establishing the rule of law,
>the politicized processes of ICANN can be replaced by
>more predictable, fair, and efficient decision-making.
>
>http://www.ip3.gatech.edu/images/ICANN-Reform_Establishing-the-Rule-of-Law.pdf
>
>Author: Hans Klein, Associate Professor of Public Policy
>Georgia Institute of Technology
>
>Available at: www.IP3.gatech.edu
>
>###
>
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