Amr,

Jon Zittrain made a post today that in refuting the right wings attack on 
the Obama administration "giving away the internet to the UN " I think 
encapsulates the gist of what is going on:


Jonathan Zittrain
"US gov't cedes control of Internet" announcement is 99% symbolic - and not 
bizarre UN giveaway. It empowers ICANN, not UN/ITU.

A cynic would say that the Americans have decided that de jure control is no 
longer tenable and by dumping the IANA functions to ICANN would empower an 
organisation in which it has substantial leverage and control. As NTIA has 
largely been hands off the practical consequences of the occurrence are 
perhaps not as revolutionary as one might first think.

What we need to be careful about is the organisational structure and legal 
position of ICANN coming out of these changes. This Board has shown a 
propensity for empowering itself and it's friends at the expense of the 
bottom up nature of MS most of us subscribe to. Since we filed our initial 
Reconsideration petition eleven months ago there have been twenty nine new 
reconsideration petitions filed, as opposed to three in 2011 and 2012 
combined. Universally these petitions have been unsuccessful. This Board has 
ignored it's own Bylaws, flaunted it's accountability processes, denied our 
efforts to obtain documentation as we seek explanation for decisions made 
and, as above, largely shown an unwillingness to reflexively and honestly 
examine it's own decisions despite repeated requests by Community members.

NCSG member Rolf Weber co-wrote an interesting piece a few years ago  
illustrating the "who controls the board" problem at ICANN, with a suggested 
solution,  a problem that  may be exacerbated by this weeks US government 
announcement: http://www.stlr.org/html/volume14/WeberGunnarson.pdf .  Milton 
has also written in the past about the concept of Members, ICANN's lack 
thereof, and consequences under the current legal accord.

I have deep concerns about the maturity of ICANN and the commitment of many 
in the organisation, particularly in legal, to an open, transparent and 
accountable governance structure. In fact, the cynic in me conceives of new 
oversight by Jones Day (ICANN's outside law firm) replacing that of the 
NTIA. I don't think that would be progress. 

There will be opportunity here, of course, to make positive change but let 
us not be so overjoyed by the proposed internationalisation of IANA to 
ignore the fact that ICANN itself has deep and abiding problems. There may 
be possibilities in the current chaos to correct some of these problems,  
foremost of which is sorting a way in which staff and Board are held 
accountable to someone or something other than themselves or the nebulous 
and poorly defined "community". 


-----Original Message-----
From: Amr Elsadr <[log in to unmask]>
To: [log in to unmask]
Date: Sat, 15 Mar 2014 19:02:37 +0100
Subject: Re: US Government Announcement about transfer IANA functions 
stewardship

I hope you’re right, Sam. However, this paragraph of the NTIA press 
release is what prompted my question:

From the inception of ICANN, the U.S. Government and Internet stakeholders 
envisioned that the U.S. role in the IANA functions would be temporary.  The 
Commerce Department’s June 10, 1998 Statement of Policy stated that the 
U.S. Government “is committed to a transition that will allow the private 
sector to take leadership for DNS management.”  ICANN as an organization 
has matured and taken steps in recent years to improve its accountability 
and transparency and its technical competence.  At the same time, 
international support continues to grow for the multistakeholder model of 
Internet governance as evidenced by the continued success of the Internet 
Governance Forum and the resilient stewardship of the various Internet 
institutions.

The paragraph somehow indicates (as I read it at least) that the “How to 
do this” is associated with the “Why the changes”. So to rephrase my 
question; I wonder wether after some 17 years, does the NTIA’s belief in 
ICANN’s maturity and competence reflect its confidence in ICANN to simply 
be the convener of a dialogue amongst the different stakeholders to 
collectively reach some form of consensus on how to transition NTIA’s role 
to a yet undetermined institution, or does it reflect confidence in ICANN to 
coordinate this discussion in order to see how best ICANN can assume this 
role without NTIA involvement?

Frankly, ICANN's “…, steps in recent years to improve its accountability 
and transparency…,” still leave much to be desired. Yeah…, steps were 
taken, but ICANN’s not quite there yet. In fact, several actors across 
different stakeholder groups have recently been voicing discontent claiming 
the exact opposite of this. One of the earlier examples is NCSG’s 
reconsideration request of ICANN’s decision to expand the scope of the 
Trademark Clearinghouse to include up to 50 confusingly similar variants of 
brand names.

I still don’t know if my concerns are unfounded or not, but I do find it 
difficult to simply dismiss them, but we will all see how things’ll unfold 
over the next few months.

Thanks.

Amr

On Mar 15, 2014, at 2:36 PM, Sam Lanfranco <[log in to unmask]> wrote:

Amr Elsadr poses the questions:

On the other hand, have any proposals suggesting that institutional 
separation of the IANA function from ICANN been preemptively squashed??
Or is the principle still a viable option that can be promoted??

What this announcement does is set a deadline on what has to be done, in the 
absence of delays by unforeseen forces at play. The key implication is to 
shift the discussions from "What changes" and "Why the changes" to the "How 
to do this" while honoring the four stated principles and producing a set of 
viable and sustainable structures and processes.  That will have ripple 
effects in structures and processes across the Internet ecosystem. This is 
more than just replacing one structure by another, and probably nothing has 
been preempted. A successful outcome will call for heightened stakeholder 
awareness and engagement, within ICANN, within constituencies, and beyond 
ICANN.

Sam Lanfranco