From: CDT Info
To: [log in to unmask]
Sent: 07/11/02 21:37
Subject: Policy Post 8.24: Domain Names Body Approves Restructuring Package
in Shanghai
CDT POLICY POST Volume 8, Number 24, November 7, 2002
A BRIEFING ON PUBLIC POLICY ISSUES AFFECTING CIVIL LIBERTIES ONLINE
from
THE CENTER FOR DEMOCRACY AND TECHNOLOGY
CONTENTS:
(1) Domain Names Body Approves Restructuring Package in Shanghai
(2) Further Refinement of ICANN's Mission and Powers Necessary
(3) Significant Details Still Need Resolution
(4) Governments Eye Expanded Role at ICANN
------------------------------------------------------------------------
(1) DOMAIN NAMES BODY APPROVES RESTRUCTURING PACKAGE IN SHANGHAI
At its late-October meeting in Shanghai, China, the Internet
Corporation for Assigned Names and Numbers (ICANN) approved sweeping
new bylaws in an attempt to refocus and restructure the organization.
Among other things, the new bylaws lay out ICANN's intended mission,
revamp its process for selecting Directors, and reshape ICANN's
policy-making process.
ICANN is responsible for oversight of key central resources for the
Internet, such as the domain names system. Since its creation in
1998, ICANN has been a controversial organization, largely due to
concerns that it has not been adequately accountable to Internet
users and that it has lacked strong limits on its powers. The new
bylaws seek to address these concerns about ICANN.
Significant questions still exist about ICANN. Though the new bylaws
make progress in some areas, there is continuing need for improvement
in others. In particular, ICANN continues to require stronger
accountability measures, means for their enforcement, and a narrow,
limited mission statement. CDT believes that ICANN needs to evolve
significantly over the next several months if it is to prove itself
as a credible manager for critically-important online resources.
ICANN's newly-approved bylaws are available at:
http://www.icann.org/minutes/minutes-appa-31oct02.htm
------------------------------------------------------------------------
(2) FURTHER REFINEMENT OF ICANN'S MISSION AND POWERS NECESSARY
Further attention to ICANN's mission and the extent of its authority
is necessary. Because ICANN exerts authority over critical central
Internet functions, its activities must be carefully constrained to
avoid abuses of power. If its power is not adequately limited, ICANN
in the future could leverage its authority to exert powers never
contemplated in its creation and structuring, like content
regulation. Effective limits on ICANN can prevent that kind of
"mission creep" and, in doing so, increase ICANN's credibility in the
Internet community.
ICANN's new bylaws make some progress on this front. They include a
statement of its "Mission and Core Values" in which a relatively
non-specific set of coordination activities is coupled with a list of
values for ICANN to take into account when conducting those
activities. However, ICANN remains free to interpret those values
broadly, and the mechanisms to enforce any limits on its power are
not strong.
CDT believes that the ICANN mission needs further attention. In
particular, ICANN needs to commit to acting only when necessary to
carry out a narrowly-defined, basically technical mission -- and that
it will not act in other cases. Also, ICANN needs mechanisms that
will enforce the bylaws' mission limits on ICANN's Board of Directors
and other policy bodies.
By developing a statement of mission that is strong and enforceable,
ICANN will create an increased level of trust among Internet users
and operators, as well as enhancing the efficiency of its own
activities. Without such a statement, however, ICANN will continue to
lack the confidence of the community it is meant to serve.
CDT has posted a discussion paper on ICANN's mission and activities,
with suggestions on establishing a workable definition for both.
Available at:
http://www.cdt.org/dns/icann/021030cdt.shtml
------------------------------------------------------------------------
(3) SIGNIFICANT DETAILS STILL NEED RESOLUTION
The Board's approval of new bylaws in Shanghai is not the end of the
effort to reform ICANN. As ICANN itself noted, major pieces of the
ICANN structure still need attention.
At its mid-December meeting in Amsterdam, ICANN is expected to make
progress on some of these questions. ICANN's major agenda in
Amsterdam will include (1) adoption of as-yet-unwritten bylaws
describing how the operators of country-code Top-Level Domains
(ccTLDs) -- domains associated with countries, such as .de or .us --
participate at ICANN; (2) revision of bylaws describing ICANN's
relationship with the Regional Internet Registries (the bodies that
manage the IP address space), and; (3) adoption of a plan to
transition from ICANN's current mode of operation to its new
structure.
Over the next year, however, other critical questions also require
attention. As discussed above, ICANN must continue refining the
statement of its mission and activities. It also must demonstrate
that public interest voices will be adequately included in its new
structure. The new bylaws provide the outlines of an "At-Large
Advisory Committee" to fulfill this need, but the ALAC does not yet
exist, nor will creating it be an easy task. ICANN should make
ensuring the ALAC's success a high priority, and should prepare
itself to offer support to the challenging task of building a
structure to bring public voices into ICANN's discussions.
------------------------------------------------------------------------
(4) GOVERNMENTS EYE EXPANDED ROLE AT ICANN
At the Shanghai meeting and in recent weeks, there has been
heightened discussion about the role governments may seek to play at
ICANN. ICANN is a private, non-profit organization; historically,
governments have played an advisory role in its activities, but have
had no direct influence over ICANN's activities (Note: ICANN's
authority ultimately derives from agreements with the US Department
of Commerce; Commerce, however, has maintained a largely hands-off
attitude towards ICANN's day-to-day activities). Whether governments
should assume an increased position at ICANN has lately become an
active issue that could implicate ICANN's future as manager of key
Internet functions.
In particular, the International Telecommunications Union (ITU) has
expressed interest in having an increased role in domain name policy
issues, notably in the form of four resolutions passed at ITU's
recent meeting in Marrakesh. The ITU is an international treaty
organization, made up of national government delegates, that
coordinates the international telephone network. CDT and others,
however, remain concerned that expanded involvement by the ITU or
other government entities could undercut important goals that
informed ICANN's design.
One of ICANN's primary design principles was that it would manage key
Internet functions in a private fashion. Private management has
generally been viewed as quicker, more efficient, and more adaptive
than "top-down" government regulation, as well as potentially more
responsive to the quickly-evolving needs of the Internet community.
Though ICANN has had difficulty establishing its credibility in
several areas, particularly its accountability to Internet users, CDT
continues to believe that a non-governmental administrative body can
be an effective manager of these key functions. Increased involvement
by government agencies threatens could undercut ICANN's chances at
such effectiveness.
Moreover, unless ICANN can establish clear limits to its mission and
powers, more government involvement could create pressure for ICANN
to expand its activities in inappropriate ways. ICANN's authority
over key Internet features is not meant to enable the enforcement of
national laws at the global level. Though national governments have
the authority to exercise sovereignty over their citizens, ICANN
should not be viewed as a tool to expand that authority even more
broadly.
The ITU's resolution regarding ICANN is available at
http://www.itu.int/osg/spu/resolutions/2002/res102.html
------------------------------------------------------------------------
Detailed information about online civil liberties issues may be found
at http://www.cdt.org/.
This document may be redistributed freely in full or linked to
http://www.cdt.org/publications/pp_8.24.shtml.
Excerpts may be re-posted with prior permission of [log in to unmask]
Policy Post 8.24 Copyright 2002 Center for Democracy and Technology
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