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Comments from KMC and Ping Registry Provider, Inc.
- To: "comments-ccwg-accountability-03aug15@xxxxxxxxx" <comments-ccwg-accountability-03aug15@xxxxxxxxx>
- Subject: Comments from KMC and Ping Registry Provider, Inc.
- From: "Dawn Grove (5086)" <dawng@xxxxxxxxxxx>
- Date: Sat, 12 Sep 2015 14:32:13 -0700
Karsten Manufacturing Corporation (KMC) and Ping Registry Provider, Inc. (Ping)
welcome the opportunity to provide input to the Second Draft Report of the
Cross Community Working Group on Enhancing ICANN Accountability (CCWG
ACCOUNTABILITY). Ping is the registry operator of the .ping top level domain
name, a closed, branded domain name. Ping reserves the right to revise or
supplement this comment. We welcome outreach by the CCWG ACCOUNTABILITY should
they wish to discuss any of the issues raised below.
The United States Should Not Give Up IANA Oversight
First and foremost, KMC and Ping do not believe that the transition of
oversight from the U.S. Government should proceed. The fact that the community
is engaged in this accountability enhancement process, indicates that many
stakeholders believe that ICANN has not held itself suitably accountable for
its actions, even with the NTIA looking over its shoulder. It is difficult to
imagine what will happen when ICANN is no longer beholden to the U.S.
Government to renew the IANA contract and to lend ICANN its legitimacy for
policy functions. Instead, KMC and Ping believe that Congress should enhance
its oversight of ICANN to ensure that a free and open Internet exists, without
interference from foreign powers whose records on human rights and freedom of
commerce leave much to be desired.
Imperative Changes to Fundamental Bylaws Prior to Any Transition
In the event this ill-conceived transition proceeds, KMC and Ping believe that
ICANN must, at an absolute minimum, adopt the following changes to its
“Fundamental” Bylaws to ensure a modicum of accountability:
· ICANN must have at least one “member” to ensure that it is subject to
litigation in the event that staff or Board violate the Bylaws or the
Affirmation of Commitments (AOCs), which AOCs must be incorporated into the
Fundamental Bylaws. Access by aggrieved parties to the litigation mechanism of
the member or members must be a low threshold, such that competitors of the
aggrieved party are not able to block access to meaningful redress of harms
caused by ICANN.
· Both ICANN and post-transition IANA should be prohibited from seeking
or acting on “international organization” status or any other status that would
preclude it from being held accountable in the U.S. federal courts, whether
such status may be granted by the United States government or any other
sovereign.
· Both ICANN and post-transition IANA should be subject exclusively to
the law and jurisdiction of the federal courts located in a U.S. State.
· Both ICANN and post-transition IANA should be prohibited from taking
any other action to change its composition and nature as to eliminate the
possibility of liability under U.S. law. This restriction would prohibit both
ICANN and post-transition IANA from changing the nature of their corporate
status to avoid liability and thus accountability.
· The Fundamental Bylaws should require ICANN’s Board and staff to act
in the best interests of the Internet users community and not in the best
interests of the ICANN and IANA corporations or any of their internal
stakeholders (individual Board members, staff, vendors, etc.), in such times
where there is a conflict between the two sets of interests.
Third Draft Report Necessary
Given the numerous open issues and the ICANN Board’s recently proposed
alternative to the accountability process, the CCWG ACCOUNTABILITY should issue
a third draft report for public comment before submitting its final report.
Dawn Grove
Corporate Counsel
Office: (602) 687-5086
Fax: (602) 687-5028
dawng@xxxxxxxxxxx<mailto:dawng@xxxxxxxxxxx>
[cid:94C0CB52-9D9F-488A-99A1-82DF4F9E5395]
![JPEG image](jpgs8PuYBWgkd.jpg)
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