Consultation

[Nigel Roberts <nigel@xxxxxxxxxxxxxxxx>]

The IANA seeks to consult on two matters

(a) its internal documentation and instructions regarding appointment of 
ccTLD managers and transfer of responsbility from an existing ccTLD 
manager to a new ccTLD manager
(b) "sources of policy".



In any consideration of the first item (a), the IANA is required take 
account of the extensive body of examination and interpretation work 
undertaken by the ICANN community.
Specifically, the work of the completed Delegation and Redelegation 
Working Group of the ccNSO, and also those parts of the work of the 
Framework of Interpretation Working Group of the ccNSO which have 
already been made available to the IANA.
It seems that is not open to the IANA to discount or ignore the corpus 
of interpretation of existing policy already considered by the 
community, and in carrying out its executive functions the IANA must 
therefore take these into account in its procedures, decision making and 
in any exercise of discretion.

Sources of Policy
-----------------

The relationships between

- ccTLD managers

- the original IANA (which was an unincorporated association of four 
people -- see IANA -v- IO Design)
- the University of Southern California

- Verisign

- the United States Government

and others


is complex, and indeed may be different for different ccTLD managers.


Policy-guidelines which may apply include RFC 920 and RFC 1591.

Policies may apply can depend on

- the date of creation of the relevant TLD
- voluntary affirmation of later policy
- a 'meeting of minds' between the parties.
- contractual arrangements

It is entirely inappropriate for the organisation tasked with the 
executive of implementation of policy to consider policy-making, or to 
make choices about which policies may, or may not apply, and indeed 
making such decisions,  may event not be compatible with ICANN's own bylaws.
Sources and content of policy are a matter for the competent 
policy-making institution only, which in this case is the ccNSO (for its 
members, and for policy that is within scope, only.