[Internal-cg] Questions from webinars

[Mueller, Milton L]

I noticed some typos in my hastily banged out amendment to Lynn's jurisdiction answer. Here it is again with the typos ficed:

A: No. As noted before, the US government no longer has root zone change approval authority or contracting authority over ICANN. While ICANN and PTI are still jurisdictionally based in California, their policies, bylaws and governance practices will be shaped by its board members, community accountability mechanisms, supporting organizations, and advisory committees. These entities are composed of people and organizations from all over the world.

-----Original Message-----
From: Internal-cg [mailto:internal-cg-bounces at ianacg.org] On Behalf Of Mueller, Milton L
Sent: Wednesday, August 12, 2015 9:19 AM
To: Lynn St.Amour; IANA etc etc Coordination Group
Subject: Re: [Internal-cg] Questions from webinars

Lynn

I have problems with some of your proposed answers.  

On payment for PTI you wrote:

A:  The PTI will be funded just as it is today.  ICANN currently performs the IANA functions, but collects no specific fees for them.  ICANN does collect fees from ICANN-accredited gTLD registries and registrars, and some ccTLD registries, which in turn funds the IANA functions.

This is not correct, or at least I hope it is not. I would suggest:

A: PTI and ICANN will have a contract, and the funding level for PTI's operations will be specified in this contract. This will make the costs associated with supporting IANA functions more open and explicit. ICANN will support these costs out of its budget, which is based on its collection of fees from contracted registries and registrars who use the IANA functions, and from some ccTLD registries and Regional Internet Registries that make contributions to ICANN.

On the US government influence question, your answer really ducks the question imho and we can ill afford to be perceived as ducking this sensitive issue. You wrote: 

A: There is not "a single" transfer or "a single" transition of the IANA Stewardship responsibility (that is, the oversight role).   That responsibility occurs across the three Operating Communities where it has largely lived anyway.  Those varied processes (and the OC's themselves) are open, inclusive, multi-stakeholder, and they follow consensus policies developed by their communities.   It is these characteristics and the very global participation that will help ensure fairness. 

I frankly don't see how that answers the question. I would suggest:

A: The IANA transition completely eliminates the US Government's role as the contracting authority over the IANA functions, as well as its approval authority over all DNS root zone changes. Thus, the US government no longer has any unique or special authority over this aspect of Internet governance. 

On the jurisdiction question, I have discussed this several times with people in India and Brazil and think I understand pretty well what the concern is and would propose this:

Q: As the legal jurisdiction in which ICANN resides is to remain unchanged, and the PTI will also be incorporated in the US, does this mean there is effectively no change to the role of the US Government?

A: No. As noted before, the US government no longer has root zone change approval authority or contracting authority over ICANN. While ICANN and PTI are still jurisdictionally based in California, its policies, bylaws and governance practices will be shaped by its board members, community accountability mechanisms, supporting organizations, and advisory committees. These entities which are composed of people and organizations from all over the world. 



> -----Original Message-----
> From: Internal-cg [mailto:internal-cg-bounces at ianacg.org] On Behalf Of 
> Lynn St.Amour
> Sent: Tuesday, August 11, 2015 11:58 PM
> To: IANA etc etc Coordination Group <internal-cg at ianacg.org>
> Subject: Re: [Internal-cg] Questions from webinars
> 
> Here for your review... possible additional FAQ questions.
> 
> Look forward to your comments/edits.  Will also post on Dropbox under 
> "FAQ".
> 
> Best,
> Lynn


_______________________________________________
Internal-cg mailing list
Internal-cg at mm.ianacg.org
http://mm.ianacg.org/mailman/listinfo/internal-cg_ianacg.org