[governance] JPA - final draft for comments

[Carlos Afonso]

Milton L Mueller wrote:
> Just to be clear, I do not like the concept or phrasing of external
> "oversight" because that implies just adding another layer of
> discretionary judgment and politics -- an organization that,
> GAC-like, sits on top of ICANN and second-guesses it.

I agree this oversight idea is too generic and might lead to any sort of
relationship. I think the idea is not to propose a GAC-like oversight,
since the GAC does anything but oversight, since Icann is currently
shielded against it.

> 
> By "external accountability" I and I think most of us in IGP are
> interested in subjecting ICANN to clear, binding legal rules that
> constrain ICANN and governments, and create actionable rights for
> harmed parties.

The challenge here is that "legal rules", unlike the Internet, are bound
to a State or a [multilateral] treaty. Beyond this there are only
recommendations. How to bind an internationalized Icann to "legal
rules"? Via a treaty? Unless the hypothesis is that, whatever happens,
Icann will remain a legally California+USA-bound entity.


frt rgds

--c.a.

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