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Some comments

  • To: comments-enhancing-accountability-06may14@xxxxxxxxx
  • Subject: Some comments
  • From: Brian E Carpenter <brian.e.carpenter@xxxxxxxxx>
  • Date: Fri, 09 May 2014 08:50:38 +1200

> What issues does the community identify as being core to 
> strengthening ICANN's overall accountability in the absence 
> of its historical contractual relationship to the U.S. 
> Government?

ICANN needs to be accountable to some group that speaks for
the TLD registry operators, the TLD registrars, and the
users of TLD services -- both registrants and end users. It is
not enough that only the registry operators be heard from, as
their interests differ from those of registrars, registrants
and end users.

(Of course the other IANA activities also need accountability,
but the current arrangements for them seem fully satisfactory.)

> What should be the guiding principles to ensure that the 
> notion of accountability is understood and accepted globally?
>  What are the consequences if the ICANN Board is not being 
> accountable to the community? Is there anything that should 
> be added to the Working Group's mandate?

The main point is that there should be negative consequences for
ICANN if it fails to respect the requirement for accountability.
Thus, there should be provisions that would lead to ICANN losing
its control over the contents of the root zone if the relevant
stakeholder group is definitively dissatisfied (and similarly
for other IANA activities).

> Do the Affirmation of Commitments and the values expressed 
> therein need to evolve to support global acceptance of 
> ICANN's accountability and so, how?

Not in a significant way.

> What are the means by which the Community is assured that 
> ICANN is meeting its accountability commitments?

Open reporting of periodic reviews.

> Are there other mechanisms that would better ensure that 
> ICANN lives up to its commitments?

The Articles of Incorporation should be amended in such a
way that accountability to the various stakeholder bodies
is required and the such provisions of the Articles cannot
be amended by the Board in any circumstances.

IMHO, it is important for this to be in the Articles of
Incorporation, not the Bylaws, to emphasise that it's
fundamental to ICANN's existence.

> What additional comments would you like to share that could 
> be of use to the ICANN Accountability Working Group?

Please do not make this more complicated than it needs to be.

   Brian Carpenter (speaking only for myself)


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