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.


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