[discuss] [IANAxfer] [ccnso-igrg] Two accountability questions - help pls- Workshop 23 - ICANN accountability

Andrew Sullivan ajs at anvilwalrusden.com
Thu Sep 11 17:57:20 UTC 2014

On Thu, Sep 11, 2014 at 01:32:31PM -0400, Barry Shein wrote:
> I don't understand why something like an "independent judiciary"
> couldn't operate within ICANN via some by-laws changes giving them
> certain powers vis a vis the board of directors.

Indeed, I think it could be.  In the ICANN case, there was a
suggestion recently -- I think John Curran made it on list -- that a
supermajority of all the SOs be empowered to vacate a Board decision
or remove a Board member (I can't remember which one John was
proposing, or whether it was both, but I think you need both for this
to be effective).  I find that idea attractive because it is a fairly
modest organizational change to existing structures that we already
have, it makes the bar high enough that it'll be somewhat hard to use
while yet making it possible, and it uses a multi-stakeholder
mechanism -- the very thing the NTIA has called for.

The IETF already has an extensive "appeal" (really dispute-resolution)
approach, and we have a well-established recall mechanism too.  So I
don't think the IETF needs to change its mechanism.  I also note that
this diversity of mechanisms corresponds nicely to the diversity of
communities involved.

I'm in a poorer position to say something about the accountability in
the NRO, though I know that at least two RIRs seem to have pretty good
accountability mechanisms because of their membership-based approach
to how they operate.

> My tendency would be to put that power with the other major I*
> organizations, similar to the selection of the IETF, ASO/AC, etc,
> board seats. ICANN per se would get one seat.
> I'd envision such a group as being small.

That sounds like a new organization.  I don't think it can be
constituted in time.  Also, I don't really see why (for instance) the
IAB or IESG ought to have anything to say _qua_ IAB/IESG about the
names policy ICANN comes up with in its policy-generation role.
Speaking personally, I'm a volunteer with enough to do already -- what
reason would I have to start reviewing every decision the ICANN board
makes?  Especially …

> represented. They each could also provide much of the funding for
> their seat to help mitigate that potential CoI.

…on my own dime?


Andrew Sullivan
ajs at anvilwalrusden.com

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