From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 03 October 2002 15:46
To: [log in to unmask]
Subject: Policy Post 8.21: Some Positives in New ICANN Agreement, But
Key Features Are Missing
CDT POLICY POST Volume 8, Number 21, October 3, 2002
A BRIEFING ON PUBLIC POLICY ISSUES AFFECTING CIVIL LIBERTIES ONLINE
from
THE CENTER FOR DEMOCRACY AND TECHNOLOGY
CONTENTS:
(1) Some Positives in New ICANN Agreement, But Key Features Are Missing
(2) Shorter Term, Greater Oversight Put ICANN Under Scrutiny
(3) ICANN Must Address Mission Limits, Representation
(4) Public Meeting in Shanghai, October 27 - November 1
------------------------------------------------------------------------
(1) SOME POSITIVES IN NEW ICANN AGREEMENT, BUT KEY FEATURES ARE
MISSING
On September 20, the U.S. Department of Commerce renewed its Memorandum of
Understanding (MOU) with ICANN (the Internet Corporation for Assigned Names
and Numbers), the controversial organization that oversees the Internet's
core numbering and addressing functions. The MOU authorizes ICANN to
continue its activities for another year while laying out a "checklist"
of reforms and activities for the next year.
Although there are several positive developments in the MOU, it misses the
mark on others and is generally a missed opportunity. Most positively, the
new agreement extends ICANN's mandate for just one year and requires
regular status reports -- a signal that there may be increased and
much-needed oversight of ICANN by the U.S. government this year. The MOU
also presses ICANN to make progress on issues of accountability,
transparency, and the security of the systems it administers.
Tough talk from Commerce about the MOU was not matched with tough action,
despite the government's "frank disappointment" with ICANN's slow progress.
The new MOU does not impose any real constraints on the scope of ICANN's
powers and authority, leaving the door open to unaccountable and
potentially harmful regulation of the Internet by ICANN. It also permits
ICANN to continue skirting the issue of giving the Internet public a
meaningful voice in its governance.
While a step forward, the MOs renewal is a missed opportunity to effect
substantive reform at ICANN, deferring yet again the changes needed to
stabilize ICANN and make it accountable for its actions.
The new MOU is available at
http://www.ntia.doc.gov/ntiahome/domainname/agreements/
amend5_09192002.htm
The Department of Commerce's public statement is available at
http://www.ntia.doc.gov/ntiahome/domainname/agreements/
docstatement_09192002.htm
------------------------------------------------------------------------
(2) MOs SHORT TERM, TIGHTER OVERSIGHT PUT ICANN UNDER SCRUTINY
ICANN's authority over critical Internet functions means that
accountability, transparency, and representation are of the highest
importance for it. ICANN's power ultimately derives from its MOU with
Commerce; if ICANN is not conducting itself appropriately, the MOU is
a powerful lever for change.
Unlike previous versions, the new MOU places several new requirements on
ICANN and tightens Commerce's oversight, incorporating several items
recommended by CDT and other observers.
The MOU obliges ICANN to improve the transparency of its policymaking and
requires it to advance long-delayed accountability provisions that would
establish outside review of contentious decisions. Commerce stated that it
expects "significant advancement" in these and other areas within a year.
The MOU also requires quarterly reports, publicly posted, which will
clarify ICANN's priorities and press it to show results.
Commerce also assumed several new responsibilities for itself, including
outreach to other governments to clarify their relationship with ICANN.
As a group, these provisions set the stage for closer monitoring of ICANN
by the Department of Commerce, pressuring ICANN to make needed reforms
expeditiously. CDT welcomes this additional oversight and will be watching
its implementation closely.
CDT's Letter to the Department of Commerce is available at
http://www.cdt.org/dns/icann/020819comments.shtml
------------------------------------------------------------------------
(3) ICANN MUST ADDRESS MISSION LIMITS, REPRESENTATION
ICANN remains a highly controversial organization, but the new MOU does not
include some key reforms ICANN must undertake if it is to ever achieve
legitimacy in the eyes of Internet operators. In particular, it is
critically important that ICANN clarify its mission and establish limits to
its authority, and that a mechanism for representation of user and public
interest voices be established.
ICANN's management of key Internet systems gives it potentially
far-reaching authority to set global policies, even in areas it was not
designed for, like content control. Until there are clear limits on
ICANN's ability to engage in appropriate economic or social regulation,
key elements of the Internet community will not trust ICANN as a credible
authority, corroding ICANN's effectiveness and long-term survival. The MOU
does not explicitly press ICANN to adopt such limits to its powers, making
it a missed opportunity.
The new MOU also misses a chance to put ICANN back on track regarding the
representation of the user voice. While CDT acknowledges that direct
elections are not favored by many, ICANN has effectively abandoned all
plans to provide users and public interest groups with a real role in
selecting members of the ICANN Board of Directors. By remaining silent,
the MOU can be read as tacit approval of ICANN's rejection of user
representation, casting serious doubt on ICANN's long-term prospects for
global legitimacy.
CDT still believes in private sector management of key Internet
coordination functions. Adoption of clear, effective mission limits, and
establishment of representation for the user voice, must be undertaken
seriously if ICANN is to become a legitimate, trusted manager for Internet
users worldwide.
------------------------------------------------------------------------
(4) UPCOMING ICANN MEETING IN SHANGHAI, OCTOBER 27 - NOVEMBER 1
ICANN's agenda for the next year, including the fulfillment of its MOU
obligations, will be largely set at its upcoming quarterly meeting in
Shanghai, China, at the end of October. The agenda is expected to include
the Board's final approval of its "Blueprint for Reform." CDT and others
have noted serious flaws in the Blueprint, including the lack of mission
clarity and representation noted above. CDT Associate Director Alan
Davidson will attend the Shanghai meeting to monitor and comment on
ICANN's activities.
ICANN may also take some transitional action with regard to the nine
Board members whose terms are set to expire at the Shanghai meeting.
Five of the Directors scheduled to leave the Board are the "At-Large"
Directors elected in 2000; unless changes are made, their departure will
mark the end of direct user representation at ICANN. Moreover, if no new
Directors are selected, ICANN will be left with a Board of just nine
Directors to oversee large-scale organizational reform, raising serious
accountability questions.
------------------------------------------------------------------------
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Policy Post 8.21 Copyright 2002 Center for Democracy and Technology
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