[discuss] NTIA "Oversight" (was Dear ICANN - Feedback)

[DAVID JOHNSON]

responses below:

On Apr 17, 2014, at 2:19 AM, Jeanette Hofmann wrote:

> Does your global internet polity imply that ICANN would transform from a contract-based regime to a body that sets law-like rules?

ICANN already "sets law-like rules" when it imposes contracts on registries and registrars (and, via flow down adhesion clauses, on registrants). I am not proposing to change that mechanism, just constrain it's use to specified conditions (consensus support) and topics (issues the global resolution of which is necessary to assure stable operation of the dns and the internet).

> 
> If I understand you correctly, an independent oversight with enforcement capacity should make it irrelevant whether IANA functions are carried out by ICANN or another, separate body.

I think some (including ICANN) want to keep iana functions inside of ICANN. I am saying that would be easier to achieve if independent oversight with enforcement capacity were in place. And oversight of both iana and icann should be combined insofar as iana is a function internal to ICANN. (For example, a contractual requirement that iana staff not engage in policy-making and that ICANN not use withholding of an iana function as a means imposing a contract term not supported by consensus would both be tantamount to contractual commitment of ICANN in its contract with the oversight counterparty.)
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