[governance] US Congrerss & JPA

[Lee W McKnight]

Wolfgang,

Actually, DoC does kind of have to do what the House Committee on Energy and Commerce tells it do do; since that's their House oversight committee.

But a letter from some members even senior members is not same thing as Committee hearings, pressure on agency budget etc, which Congressional committees can do to get what they want.

I'm guessing 3) so all sides can claim victory.

Lee
________________________________________
From: "Kleinwächter, Wolfgang" [wolfgang.kleinwaechter at medienkomm.uni-halle.de]
Sent: Friday, August 07, 2009 8:56 AM
To: governance at lists.cpsr.org
Subject: AW: [governance] US Congrerss & JPA

Avri:
well of course DoC does not have to do what the House Committee on Energy and Commerce tells it to do. And of course ICANN would have to agree (that is the Board not the CEO). Don't know if they will.  what happens if they don't? And what is going to happen around the world as US insists that the DNS is theirs, all theirs?


Wolfgang:

IMHO there are a number of options with "ifs" until September 30 and beyond:

1. DoC/ICANN agrees along the lines proposed by the congressional committee
In this case there three possible consequences:
a. it is seen as so unimportant that after some days of controversial discussion the rest of the world will accept it.
b. there is a growing struggle within the ICANN community which could paralyze ICANN for the years ahead
c. there are counterproposals for alternative ICANNs which will lead to a diversification/balkanization/renationalisation of the global Internet. In this case ICANN - if it continues to get the money - will continue to exist or - if the money does not flow - will disappear (or paid by US taxpayers money).

2. DoC/ICANN disagrees with the congressional recommendation
This could lead to a very difficult debate, first of all within the US and for the Obama Administration. It would get support from the EU and other nations (including President Medwejew and the Chinese government). However it would be not enough to say "No" to the US Congress, it would need also an answer to the "How"-question.

3. DoC/ICANN tries to find a "middle of the road" compromise
Here we could see a "creative innovation" which would on the one hand feed the illusion that ICANN remains on its road to an accountable but independent stewart of the global Internet community but would on the other hand strengthen the existing links with the US and its government (headquartered in California, IANA contract, USG in the GAC). This could be done in a "Statement of Intent" (SOI) which would substitute the JPA. Such a SOI could be signed by both sides with the provision to examine it after five years.
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