[governance] JPA

[Ian Peter]

> 
> There have been suggestions on the list we should comment on the JPA ­ which I
> think would be a good idea. Below is DOC¹s call for comments with some
> suggested IGC responses in CAPS. We have until June 8 so we probably need to
> get something decided fairly quickly if we are to respond.
> 
> Any suggestions or thoughts? One thing I am suggesting below is that ICANN
> needs to embed various principles in its operation. These are in by-laws but
> that would appear to be easy to change. Those closer to ICANN might be able to
> suggest an appropriate mechanism for this.
> 
> 
> Ian Peter
> 
> 
> REQUEST FOR COMMENT:
>  
>    Given the upcoming expiration of the current JPA between the
> Department of Commerce and ICANN, NTIA seeks comments regarding the
> progress of the transition of the technical coordination and management
> of the Internet DNS to the private sector, as well as the model of
> private sector leadership and bottom-up policy development which ICANN
> represents.
>     The questions below are intended to assist in identifying the
> issues and should not be construed as a limitation on comments that may
> be submitted. Comments that contain references, studies, research, and
> other empirical data that are not widely published should include
> copies of the referenced materials with the submitted comments.
>     1. The DNS White Paper articulated four principles (i.e.,
> stability; competition; private, bottom-up coordination; and
> representation) necessary for guiding the transition to private sector
> management of the DNS. Are these still the appropriate principles? If
> so, have these core principles been effectively integrated into ICANN's
> existing processes and structures?
>  
> IGC BELIEVES THESE PRINCIPLES ARE IMPORTANT AND WOULD LIKELY TO SEE THEM
> PERMENANTLY EMBEDDED IN THE CONSTIUTION OF AN INDEPENDENT ICANN
>  
>     2. The goal of the JPA process has been to transition the
> coordination of DNS responsibilities, previously performed by the U.S.
> Government or on behalf of the U.S. Government, to the private sector
> so as to enable industry leadership and bottom-up policy making. Is
> this still the most appropriate model to increase competition and
> facilitate international participation in the coordination and
> management of the DNS, bearing in mind the need to maintain the
> security and stability of the DNS? If yes, are the processes and
> structures currently in place at ICANN sufficient to enable industry
> leadership and bottom-up policy making? If not, what is the most
> appropriate model, keeping in mind the need to ensure the stability and
> security of the Internet DNS?
>  
> IGC BELIEVES THAT THE SECURITY OF THE INTERNET DNS CAN ONLY BE ENSURED BY
> INTERNATIONAL AND TRANSATIONAL CO-OPERATION.  THAT CO-OPERATION WILL BE
> ENHANCED BY TRANSITION BEYOND THE JPA TO A SITUATION WHERE ALL COUNTRIES, AS
> WELL AS OTHER STAKEHOLDERS, FEEL THEY HAVE EQUITABLE ARRANGEMENTS FOR
> PARTICIPATION
>   
>   3. The original agreement and the first six amendments to the JPA
> contained a series of core tasks, and in some cases, date-specific
> milestones. Have these tasks been accomplished and have these
> milestones been met? If not, what remains and what steps should be
> taken to successfully address them?
>  
>  
>     4. In 2006, the focus on specific milestones was adjusted to a
> series of broad commitments endorsed by the ICANN Board as an annex to the
> JPA. 
> Specifically, ICANN committed to take action on the responsibilities
> set out in the Affirmation of Responsibilities established in ICANN
> Board Resolution 06.71, dated September 25, 2006.\12\ Those
> responsibilities included activities in the following categories:
> security and stability, transparency, accountability, root server
> security and relationships, TLD management, multi-stakeholder model,
> role of governments, IP addressing, corporate responsibility, and
> corporate administrative structure. What steps has ICANN taken to meet
> each of these responsibilities? Have these steps been successful? If
> not, what more could be done to meet the needs of the community served
> in these areas?
>  
>     5. The current JPA called for NTIA to conduct a mid-term review.
> That review revealed that ICANN needed to take further steps to
> increase institutional confidence related to long-term stability,
> accountability, responsiveness, continued private sector leadership,
> stakeholder participation, increased contract compliance, and enhanced
> competition. What steps has ICANN taken to address the concerns
> expressed in the mid-term review process? Have these steps been
> successful? If not, what more could be done to meet the needs of the
> community served in these areas?
>  
>     6. The JPA between the Department of Commerce and ICANN is an
> agreement by mutual consent to effectuate the transition of the
> technical coordination and management of the Internet DNS in a manner
> that ensures the continued stability and security of the Internet DNS.
> Has sufficient progress been achieved for the transition to take place
> by September 30, 2009? If not, what should be done? What criteria
> should be used to make that determination?
>  
> IGC BELIEVES THAT SUFFICIENT PROGRESS HAS BEEN MADE IN THESE AREAS FOR THIS
> TRANSITION TO TAKE PLACE.
>  
>     7. Given the upcoming expiration of the JPA, are there sufficient
> safeguards in place to ensure the continued security and stability of
> the Internet DNS, private sector leadership, and that all stakeholder
> interests are adequately taken into account? If yes, what are they? Are
> these safeguards mature and robust enough to ensure protection of
> stakeholder interests and the model itself in the future? If no, what
> additional safeguards should be put in place?
>  
> THE PRINCIPLES OUTLINED ABOVE ARE CONTAINED IN ICANNS BY LAWS. THEY  NEED TO
> BE EMBEDDED IN SUCH A WAY AS TO ENSURE THEY CANNOT EASILY BE CHANGED TO
> EXCLUDE ANY  STAKEHOLDER GROUP.
>     
> 8. The JPA provides that before its termination, NTIA and ICANN are
> to collaborate on a DNS Project Report that will document ICANN's
> policies and procedures designed and developed pursuant to the
> agreement. What should be included in this report?
>  



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