How to ensure accountability

["Richard Hill" <rhill@xxxxxxxxx>]

It seems to me that ICANN performs two very different functions:

A) It is the economic regulator of the generic top level domains.

B) It performs the IANA function.

In my view, these different functions should be accountable to different
constituencies.

Function (A) should be accountable to users of generic top level domains.
While in some sense that is the world's population, it might be difficult to
put into place a practical mechanism that is accountable to the world's
population (in particular given that the US government has excluded
supervision by intergovernmental organizations).

So instead I would propose that that part of ICANN be accountable to owners
of generic top level domain names, that is, registrants under gTLDs.

Specifically, I would propose that ICANN should become a membership
organization, with the membership having ultimate decision-making authority.
The membership would elect the Board and could override any decision of the
Board.  The membership would consist of all registrants of domain names
under gTLDs who choose to exercise their right to be recognized as members.

Function (B) should be accountable to the constituencies that rely on the
IANA function. Again, that is in some sense the world's population, but
again, it might be difficult to put into place a practical mechanism that is
directly accountable to the word's population.

So instead I would propose that the accountability for the IANA function be
provided as follows:

B.1) The root zone management function would be accountable to the domain
name registries (both gTLD and ccTLD).  They, and not the ICANN Board, would
have ultimate decision-making authority with respect to changes in the root
zone file.

ICANN would be the interface between the gTLD registries and the root zone
management function.  ccTLD registries would communicate directly with the
root zone management function.

B.2) The protocol paramter function would be accountable to the IETF.  It,
and not the ICANN Board, would have ultimate decision-making authority with
respect to the protocol parameters function.

B.3) The IP address function would be accountable to the NRO.  It, and not
the ICANN Board, would have ultimate decision-making authority with respect
to the IP address function.

Best,
Richard