[governance] JPA

[Jeanette Hofmann]

My wording might be sloppy and you are correct to point this out, 
Milton. Yet I would say that the JPA produces effects of an oversight 
mechanism.
The USG has delegated certain tasks to ICANN and could simply stop doing
so. The JPA creates a veto power even if this veto power is not
mentioned in the JPA. Otherwise the USG could not use the JPA as a means 
  to "inject" goals and tasks into ICANN's policies.

I think that all regulatory agencies should be subject to some form of 
external control or oversight. This external agency is supposed to 
ensure that existing rules and laws, which you referred to in your 
previous mail are followed. While we have established procedures on the 
national level, this is a less straightforward problem on the 
international level. One of the few if not the only international 
organization with "teeth" is the WTO. What would be a good approach to 
the Internet? Would we be happy with an intergovernmental model?

jeanette

Milton L Mueller wrote:
>> -----Original Message----- From: Jeanette Hofmann
>> [mailto:jeanette at wzb.eu]
>> 
>> I would not support such a suggestion. It seems highly unlikely
>> that any form of effective oversight could be established after
>> ICANN has become independent.
> 
> While I don't necessarily disagree with your conclusion, Jeanette, I
> think you consistently make the incorrect assumption that the JPA is
> "the" oversight mechanism. It isn't, really. It's a way for the USG
> to insert specific goals and tasks into ICANN's policy agenda.
> Political reality dictates that these priorities are set in
> Washington.
> 
> IANA contract could be considered a true oversight authority, in the
> sense that if USG shifts that contract to someone else ICANN is dead,
> but again there is no globalized/internationalized legal or
> rule-bound criteria for making that decision about who to issue the
> contract to.
> 
> Milton Mueller Professor, Syracuse University School of Information
> Studies XS4All Professor, Delft University of Technology 
> ------------------------------ Internet Governance Project: 
> http://internetgovernance.org
> 
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