[governance] MODIFIED draft text on political oversight

Milton Mueller Mueller at syr.edu
Tue Sep 27 10:14:32 EDT 2005


My proposed additions in ALL CAPS, deletes in [brackets]

>>> Jeanette Hofmann <jeanette at wz-berlin.de> 09/27/05 7:31 AM >>>
Political Oversight

62b: We recognize that the time has come for a change in the political

oversight of ICANN [the logical Internet infrastructure]. We do not
recommend 
the creation of a new oversight organization for domain names and IP 
addresses. However, we do recommend the following changes with regard
to 
ICANN:

1. The US Government recommits to handing over its [pre-eminent role of
]
stewardship OVER [in relation to] ICANN AND THE DNS ROOT and enters
into 
an adequate host-country agreement for ICANN.

2. ICANN must ensure full and equal multi-stakeholder participation on

its Board and throughout its organizational structure by the community

of Internet users, private sector and governments. THE WSIS
MULTISTAKEHOLDER FORUM WOULD DECIDE WHEN THIS MILESTONE HAD BEEN
REACHED.

3. ICANN must ensure that it establishes clear, transparent rules and 
procedures commensurate with international norms and principles for
fair 
administrative decision-making to provide for predictable policy
outcomes. THE WSIS MULTISTAKEHOLDER FORUM WOULD DECIDE WHEN THIS
MILESTONE HAD BEEN REACHED.

4. ICANN'S DECISIONS MUST BE REQUIRED TO COMPLY WITH PUBLIC POLICY
CONSTRAINTS NEGOTIATED THROUGH INTERNATIONAL TREATIES; E.G., WTO TRADE
RULES, HUMAN RIGHTS TREATIES, CYBERCRIME CONVENTIONS, ETC. GOVERNMENTS
AND INTERNATIONAL ORGANIZATIONS WOULD HAVE A RIGHT TO INVOKE A DISPUTE
PROCEDURE WHEN IT BELIEVED ICANN ACTIONS VIOLATED THE TERMS OF
ESTABLISHED INTERNATIONAL PUBLIC POLICY.
[4. ICANN must establish a review process for its decisions in the form

of an independent multi-stakeholder review commission, established on a

case-by-case basis.]

5. Once all the conditions listed above are met, the US Government 
transfers the IANA function to ICANN.

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