Thanks for your work David.
I agree with Edward's most interesting development. Does Rudi have anything
to say about that?
Alain
On Monday, April 22, 2013, Edward Morris wrote:
> Thanks for your work David.
>
> Regardless of ICANN's public statements or strategic plans, I am not sure
> ICANN can be in accordance with customary International Humanitarian Law
> with the statement "ICANN does not have a role in the use of the Internet
> related to cyber-espionage and cyber-war" (page 7). I am equally not sure
> ICANN is not in accordance with customary International Humanitarian Law
> with that statement and I remain open to arguments as to whether ICANN
> should be involved in these issues or could be commanded by IG treaty or
> agreement to exercise responsibilities thereof.
>
> These are not simple issues. ICANN is a unique organisation that does not
> neatly fit into any typical, comfortable structure. IHL, of course, is
> state centric in terms of responsibility but ICANN on one, fairly
> superficial level, is almost supreme being like in it's coordination of
> the Internet. Cyber-espoinage, no problem, ICANN is not involved. However,
> imagine a situation where there are massive cyber attacks on civilian
> infrastructures in third countries by state actors that ICANN could
> operationally prevent. Mass civilian death, mass civilian injury, mass
> destruction of property and infrastructure. Mass death of noncommercial
> users, mass injury of noncommercial users, mass loss of property of
> noncommercial users. Do we truly represent these people with a position of
> "not our problem?"
>
> ICANN is a non state actor but it's operational coordination abilities
> allow those who want, and they exist, to inpune state responsibility to it
> through a number of intellectual gymnastics involving the definition of
> territory and control. I doubt I'll ever buy into those arguments and I
> don't think they'll ever be majority opinion. I could be wrong. I am
> concerned, though, with rules 139 (Respect for IHL), 149 (Responsibility
> for Violations of IHL) and 161 (International Cooperation in Criminal
> Proceedings) of the ICRC's Study on Customary International Law. As of
> today ICANN as a non state actor does not have any responsibility under
> these rules, but as more people examine the nature of ICANN, the ever
> changing role of the GAC, the uniqueness of ICANN as it is constructed, I
> can conceive of a consensus being developed in the IHL community that
> extends responsibility under these rules to ICANN as a unique non state
> actor. It won't happen tomorrow, it won't happen next year, but it may
> happen, and I don't want to get myself locked into a position today that
> prevents me from having options several years down the road.
>
> For those who haven't read it the Tallinn Manual
> http://www.ccdcoe.org/249.html is an exceptional first effort at porting
> IHL into the cyber arena. Mike Schmitt did an exceptional job at
> coordinating input from some pretty diverse people in creating the
> guidance, and from my perspective they did a near perfect job for what it
> is. ICANN is not mentioned in the Manual. However at cocktail discussions
> in Estonia last year with some of those involved in the project, there was
> an interest in thinking about ICANN and where it fit into all of this, post
> Manual production. Interest varied, many did not understand how ICANN was
> constituted ( at CyCon's public sessions it was described, variably, as an
> NGO, an IGO, but never as a unique MS organisation), but as much as ICANN
> would like everyone to forget about it in this context it simply is not
> going to happen. The salience of cyberwar as an issue, for reasons often
> having to do more with private economic interests than security, is going
> nowhere but up and there will be some response on an international level
> that will impact or involve ICANN, desired or not.
>
> As we exist in 2013 I'm happy to sign off on David's statement. I do so,
> though, reserving the right to change my view as events and thoughts
> develop and change regarding cyberwar activities. That ICANN should not be
> involved in content, obvious. That we do not want to extend it's competence
> to cybercrime and cyberespionage, of course. Certain forms of cyberwar,
> though, are different in that in some areas it isn't something an entity
> can or should be able to opt out of. I'm just not personally sure today
> where ICANN does or should fit into all of this. It would be a lot easier
> if we had competing private Internets but until we do I have questions in
> this area and reserve the right to come back in a few years time with
> views that are different than what I can accept today. These are
> complicated issues and I'm not sure best handled with a bumper sticker
> like perspective. Then again...
>
>
>
>
> On Mon, Apr 22, 2013 at 3:36 PM, Brenden Kuerbis <
> [log in to unmask] <javascript:_e({}, 'cvml',
> [log in to unmask]);>> wrote:
>
>> +1, thanks David. Minor typo in last para, "explicit
>> acknowledge[ment]..."
>>
>> ---------------------------------------
>> Brenden Kuerbis
>> Internet Governance Project
>> http://internetgovernance.org
>>
>>
>> On Mon, Apr 22, 2013 at 8:21 AM, David Cake <[log in to unmask]<javascript:_e({}, 'cvml', [log in to unmask]);>
>> > wrote:
>>
>>> This document has been out for public comment.
>>> http://www.icann.org/en/news/announcements/announcement-06mar13-en.htm
>>>
>>> I've missed the deadline on public comment for this by a day or two, but
>>> I'd still like to see if we can make a small comment on it if we can.
>>> Here is my draft comment - if NCSG could approve it (quickly), that
>>> would be great, otherwise I'll just put it in as a personal comment.
>>> Any additions or disagreement?
>>>
>>> Regards
>>> David
>>>
>>> ----------
>>>
>>> The regular update of the Security, Stability and Resiliency Framework
>>> is a very important part of ICANNs SSR function, as attested by its
>>> inclusion in the Affirmation of Commitments.
>>>
>>> NCSG notes the significant effort involved in preparing the FY13
>>> Security, Stability and Resiliency Plan, and the progress towards
>>> implementing the recommendations of the Security, Stability and Resiliency
>>> Review Team Report. While work so far has seen the completion of only some
>>> recommendations, we note planning and progress has been made for all the
>>> recommendations, and we appreciate the commitment to full implementation.
>>>
>>> NCSG supports the definition of ICANNs SSR role and remit. In
>>> particular, NCSG values the acknowledgement of areas that lie outside
>>> ICANNs remit, and NCSG strongly agrees that ICANNs role does not include
>>> law enforcement or determining what constitutes illicit conduct.
>>>
>>> NCSG welcomes the explicit acknowledge of the necessity of a continued
>>> multistakeholder approach to security, and notes the inclusion of civil
>>> society within all discussions of the Internet and security ecosystem, and
>>> particularly welcomes the inclusion of engagement with civil society on
>>> privacy and free expression issues as a commitment for FY14. ****
>>>
>>>
>>> ****
>>>
>>> ****
>>>
>>
>>
>
--
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger
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