[governance] oversight

[Laina Raveendran Greene]

It may be more helpful to use terms that make sense within the US.Not sure
"host country agreement" is a termused before, and if so, then the process
of how it is implemented in the US may block implementation. That is why I
raised this point before, to ask if anyone knows how "international bodies"
are created in the US- how was UN formed in NY, INTELSAT in DC, World Bank
and IMF in DC, etc etc and the use the terms that make sense to the US.
Ideally we should use a term that requires the least amount of bureacracy to
happen, otherwise it will take years and even decades to go through the
whole US internal process (see Lee's posting on INTELSAT) to make anything
happen.

Laina

-----Original Message-----
From: governance-bounces at lists.cpsr.org
[mailto:governance-bounces at lists.cpsr.org] On Behalf Of Vittorio Bertola
Sent: Monday, October 17, 2005 2:32 PM
To: Adam Peake
Cc: WSIS Internet Governance Caucus
Subject: Re: [governance] oversight

Il giorno lun, 17-10-2005 alle 21:06 +0900, Adam Peake ha scritto:
> Specifically, what should we say about a host country agreement.  I 
> think the question we need to answer is what does ICANN need from a 
> host country agreement and why?

It needs a host country agreement to prevent the country where it has its
seat from controlling the global root servers and other Internet resources
managed by ICANN, through its legislative powers. Also, the HCA should
prevent that country from discriminating access to those global resources
and to their administration, for example through foreign trade regulations
or visa requirements for meeting attendance.

> Could the US supply
> such an agreement if immunities (from what?) were guaranteed?

I think you have to ask this to the USG :-) If the question is "would we
accept that ICANN stays in the US, provided we get a reasonable HCA", the
answer is definitely yes.

> And then what language would we like
> to see in the chair's paper? (1 or 2 sentences of language for the 
> paper.)

I'll give it a try, don't shoot at the piano player.

"We recommend that ICANN is shielded from unilateral interference by the
government of the country who hosts it, through appropriate international
law instruments such as a "host country agreement". Such agreement should
ensure that decisions taken by ICANN cannot be overturned by the local
government, and that all countries and stakeholders have the opportunity to
access the resources managed by ICANN and to participate in its Internet
Governance processes, without being affected by the policies of the local
government."
-- 
vb.             [Vittorio Bertola - v.bertola [a] bertola.eu.org]<-----
http://bertola.eu.org/  <- Prima o poi...

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