[governance] DOC & ICANN

[Wolfgang Kleinwächter]

Dear list

There are some interesting elements in the new agreement between DOC and ICANN, in particular in the Annex. Here are some points worth to discuss, also in our academic GIGANet conference in Athens:
 
1. The new agreement is neither a continuation of the old MoU nor a "handover" of responsibilities from the NTIA/DOC to ICANN but it is not yet the end of the "transition phase". It is one step towards greater independence but it is not yet independence. It gives the impression of a more equal partnership between one government and a global corporation in the task to guarantee the security and stability of the internet. It reaffirms the four principles of the White Paper (1998). It avoids  terminology  like "oversight". It does not continue with the duty of ICANN to report on a regular basis to the DOC. Instead there will be "regular meetings" between DOC and ICANN senior management "to assess progress". ICANN will report "annually" to the broader public, the DOC will have its own independent "mid-term review" (March 2008). And the DOC will "monitor the performance of the activities". The agreement terminates in September, 30, 2009. This is nine month for the new "Post-Bush-Administration" to come with new and fresh ideas. (Will Hillary complete the unfinished business of her husband?)
 
2. The key issues of the authorization of the publicaiton of root zone files and the so-called IANA function, which includes DOC oversight, is not subject of this agreement.This was regulated in the special IANA contract, signed already end of August 2006 between the DOC and ICANN. This contract doesn´t change anything and legalizes the continuation of the established practice. The contract can be terminated every year, but can last until 2011.  
 
3. With regard to Root Servers, it is a little bit unclear, what the real meaning of the agreement is. In Section I, para. 2 the DOC will "continue to consult with the managers of root name servers operated by the US government and with other responsible US government agencies with respect to operational and security matters, both physical and network, of such root name servers". In the Annex, it is said that ICANN shall "continue to coordinate with the operators of root name servers" and it will work "to formalize relationships with root name server operators." Is the plan to have a division of labour? What about the "Hidden Server", operated by VeriSign?. Is this operation covered by Section I, para.2?  And what about the other root servers, operated by private entities under US jurisdiction?   
 
4. The "Agreement" uses the language of "private sector leadership", reaffirms the principles of bottom up coordination and representation but avoids to use the terminology of "multistakeholderism". In contrast in the "Annex", ICANN speaks about a "multi-stakeholder model". (Preamble). Furthermore, in Article 6 of the Annex it is said that "ICANN shall  maintain and improve multi-stakeholder model and the global participation of all stakeholders". Lets wait and see what this means.   
 
5. ICANN plans to become "a leader in the area of transparency for organisations involved in private sector management" (Annex, Para. 2). In this effort, ICANN will get support from the DOC which will "continue to provide expertise and advise on methods and administrative procedures to encourage greater transparency, accountabiölity and openess in the consideration and adoption of policies." (Section I, Article 1). ICANN itself will "improve openess and accessibility for enhanced participation in ICANN´s bottom up participatory policy development process (Annex, Para. 3). And it will "develop processes for taking into account receommednations from ICANN´s advisory committees (which includes also ALAC - w.k.) and supporting organisations and other relevant exüert advisory panels and organisation." (Annex, para. 5)
 
6. With regard to IP Adressing, ICANN will continue "to incorporate RIRs policy making activities into the ICANN processes while allowing them to continue their technical work."  ICANN will maintain legal agreements with thre RIRs "and such other apropriate organisations" (what are "such other appropriate organisations"? NIRs? - w.k.).
 
Hope this will stimulate debate.
 
best regards
 
wolfgang
 
 
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