[governance] US Congrerss & JPA

Mon Aug 10 10:18:25 EDT 2009

All these comments are not from some stone tablet - they are not immutable -- I offer for consideration only.

Congress can stop funding for DoC "projects".  (if dad tells son to go to store to get beer, dad and son are in agreement  ---  son must ask mom for money ---  Mom says no -- no beer.)
Non profit status -- hmm a charitable that receives more than 90% of its revenues from fees charged for license, service or privilege  --  not quite kosher. Another state and/or competitive bidder can challenge the removal of an essential government subcontract. The feds can revoke the "whatever the hell kind of 501(c) 3" status ICANN operates under.

California can revoke permission not to pay tax.  California can not enter into a treaty. ICANN cannot enter into negotiations with countries without California and the Fed permission. California can insist on a more stringent non citizen hiring policy. 

The mechanism for the JPA may allow for total suspension of ICANNs right to collect and maintain funds for services pending blah, blah, blah. The US Gov can totally nationalize all functions and operations of ICANN. HSA could, in the blink of an eye seize all assets of ICANN.

So I do not think we are talking about what could be done. We are talking about what should be done.

Sorry just the musings of a Troll ;-)

--- On Mon, 8/10/09, Lee W McKnight <lmcknigh at syr.edu> wrote:

From: Lee W McKnight <lmcknigh at syr.edu>
Subject: RE: [governance] US Congrerss & JPA
To: "Milton L Mueller" <mueller at syr.edu>, "governance at lists.cpsr.org" <governance at lists.cpsr.org>, ""Kleinwächter, Wolfgang"" <wolfgang.kleinwaechter at medienkomm.uni-halle.de>
Date: Monday, August 10, 2009, 5:04 AM

Milton,

You missed my conditional 'kind of' phrase; the committee that votes on DoC budgets can make life 'kind of' difficult for DoC, whether that is in line with Obama policy or not; and irrespective of ICANN's own preferences and policies, and without passing or even voting on a law.Other than those including funding for future DoC budgets : ). 

But yes of course DoC need not do what the House energy cte's senior dems want re ICANN or anything else.

However, if I was a betting man I'd advise you it is a historically risky bet to go against Dingell and Markey and Boucher....getting at least Wolfgang's 3rd option.

Lee

________________________________________
From: Milton L Mueller
Sent: Sunday, August 09, 2009 6:04 PM
To: governance at lists.cpsr.org; Lee W McKnight; "Kleinwächter, Wolfgang"
Subject: RE: [governance] US Congrerss & JPA

Actually, Lee, DoC does not have to do what Congress tells it to do unless Congress passes a law.

When it comes to "policy" - and at this stage ICANN is still "all policy" and "no law", Commerce Dept only has to do what the Obama admin tells it to do. If the Obama admin disagrees with the Waxman committee's instructions, and it could, it could take a path very different from the one suggested.

Still, this is a very bad sign. I'm going to do a more analytical blog on the IGP site as soon as I can.

> -----Original Message-----
> From: Lee W McKnight [mailto:lmcknigh at syr.edu]
> Sent: Friday, August 07, 2009 12:15 PM
> To: governance at lists.cpsr.org; "Kleinwächter, Wolfgang"
> Subject: RE: [governance] US Congrerss & JPA
>
> 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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