[governance] Twomey recommends extending the JPA

Yehuda Katz yehudakatz at mailinator.com
Thu Jun 4 17:36:21 EDT 2009


Bret,

My interpretation of Twomey's view is, We will extend it in essence without the
"agreement", in other word, at this point in time stay-the-course and submiss
the IANA function to the USG.

So he proposes a 'Gentlemen's Agreement' that things won't change for now (in
the Post-JPA atmosphere).

-
Ref.:
http://www.icann.org/presentations/twomey-to-house-subcommittee-communications-technology-internet-04jun09-en.pdf

Ibid., 3
...
Somehow overtime the language of the JPA has become the language of separation:
“ICANN is leaving home”; “ICANN is seeking independence”; “ICANN
wants to become less accountable”. That language is wrong and has confused
the understanding of what the JPA is and what conclusion means. ICANN is not
seeking independence; we have been independent since 1999. ICANN is not leaving
home. The United States will always be our corporate headquarters.
ICANN is not seeking less accountability. We are actively seeking more. ...

-

Ibid., 6-7
...
Enshrining What Works Whilst the JPA is not an oversight mechanism, what JPA
conclusion could and should signal is in fact permanence and entrenchment of
the good work done in building this successful model. As an organization with
international stakeholders we know that to extend JPA would be greeted with
concern. It galvanizes other governments and government institutions to demand
an additional role too. After 11 years of ‘testing’, renewing or extending
JPA – the possibility of another “temporary” agreement (the 8th in a row)
causes those with an interest to ‘model shop’ as they wait for some further
period for the original model to be confirmed. It is now time to end the 11
years of temporary MOUs and tentative acceptance of this model. In fact it is a
unique time to show that the model within which stakeholders can address issues
is the right one – and there are not other models, this is the one and it is
designed to continuously improve. The better route is to enshrine the
fundamental principles that have served all stakeholders so well as ICANN’s
permanent charter going forward.

ICANN will always:
Retain a narrow mission; Remain based in the US; Remain a not for profit;
Remain an independent organization; Remain private sector, multi stakeholder
led; Ensure the role of Governments in the ICANN model through the Governmental
Advisory Committee; Remain committed to continuous improvement. IANA Contract
The Internet Assigned Numbers Authority (IANA) is what affords ICANN the
responsibility for the global coordination of the DNS Root, IP addressing, and
other Internet protocol resources. The IANA contract is held by the Department
of Commerce. When the JPA concludes in September, the U.S. Government role will
and must continue through IANA contract for the organization’s own legitimacy
and purpose. And being a California based company ensures ICANN is subject to
Congressional oversight and US legal process. Like any contract, ICANN must
perform the function with excellence. The United States Government and the
Congress will always hold oversight hearings and reach out to the business
community, with or without any temporary agreements. ...____________________________________________________________
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