Re: [Ianaplan] What's happening at ICANN?
Avri Doria <avri@acm.org> Tue, 13 October 2015 18:05 UTC
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References: <56181181.50002@gmail.com> <D23F19BE.27A31A%Jonne.soininen@nsn.com>
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From: Avri Doria <avri@acm.org>
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Subject: Re: [Ianaplan] What's happening at ICANN?
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Hi, One essential difference is that IETF has an appeal mechanism on process to the Internet Society Board of Trustees. This is the backstop for the IETF. >From what I have learned in the ICANN Accountability process, the most legal training I have ever had, the IETF as the IETF might have trouble suing anyone given that is is not a legal person. Fortunately the IETF does not live in an environment where suits, of either kind, are the norm. avri On 10-Oct-15 12:57, Soininen, Jonne (Nokia - FI/Espoo) wrote: > Hi Brian, > > like Bernard and Dave said, part of the story is the press tries to spin > an interesting story. Partly the story is that there are strong emotions > in play at the ICANN in this topic. > > So, the topic is ICANN accountability. The claim is that as long as there > was the NTIA contract on IANA there has been a backstop on ICANN's > decisions, especially the board's. The theory is that if ICANN (the staff > and the board, not the community) would do something silly NTIA could at > least threaten to take IANA away and pressure ICANN to reconsider the > decision get to the right path. However, with the IANA stewardship > transition there would be no backstop anymore and potentially a future > board could go rogue and do whatever they want disregarding the community. > Therefore, there needs to be new accountability mechanisms. > > The main accountability mechanisms discussed have been spilling the > complete board, removing a board member and control/veto the ICANN budget > and bylaws changes. There is pretty much consensus that in some form or > another these are reasonable requirements. However, the discussion is > about what is the right enforceability mechanism. Enforcement means how > can you legally enforce ICANN/board do something - basically, how can you > sue ICANN if the board/staff doesn't do what the community expects it to > do. > > In the IETF, we have a bit different approach to these things. I wouldn't > think we would have ever the discussion the IETF community should be able > to take the IESG or IAB to court. Interesting thought, though... ;) > > I hope this helps. > > Cheers, > > Jonne. --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
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