[discuss] [IANAtransition] A Summary of IANA Oversight Transition Tasks and Issues

[John Curran]

On Apr 2, 2014, at 5:07 AM, parminder <parminder at itforchange.net> wrote:

> I think this is an interesting analogy with regard to ICANN oversight issue. Not everyone should repair cars or pave roads, but everyone will be involved in broad/ higher oversight of these functions - there are regulations both about cars and roads. And such regulation - at at arms length from implicated technical functions, derive their authority from legitimate political bodies, which in term derive it from the public.
> ...
> As to how boundaries between technical and oversight function are drawn, it is obvious that these have to be drawn in a political legitimate manner, whereby clear rules are instituted for the oversight role. This drawing of boundaries is a higher political function, and not a technical one. Clear rules and possibility of judicial review of decisions of the oversight body should ensure that there is no illegitimate interference in technical and operational functions of the technical bodies (this much is clearly said in Tunis agenda).

Parminder - 
 
    You seem to conflate the act of considering public policy mandates with the 
    potentially quite unrelated act of oversight of technical coordination functions.

    To continue the analogy, the (implied governmental) party that engages in 
    regulation or rule-making on behalf of the public for establishing minimum 
    safety equipment for automobiles does not necessarily have to be the same 
    party that provides any necessary oversight to an association doing the 
    development and coordination of automobile safety standards; the former 
    is a public safety regulator while the latter might be entirely provided by 
    normal judicial authority regarding a trade or standard association's
    compliance with its incorporation/purpose.

    If you do not believe this to be the case, it would be good to understand 
    why it is necessary to explicitly commingle these otherwise quite distinct 
    governmental roles.

Thanks!
/John

Disclaimer: My views alone.