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ISOC NOI COMMENT

Seam - William Graham

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Response to the United States Department of Commerce, National Telecommunications and Information Administration, Docket No. 071023616-7617-01 on “The Continued Transition of the Technical Coordination and Management of the Internet's Domain Name and Addressing System: Midterm Review of the Joint Project Agreement” Submitted by the Internet Society February 15, 2008 In 2006, the Internet Society (ISOC) made a contribution to the 2006 Department of Commerce Notice of Inquiry. At that time, we urged the Government of the United States to take a more hands-off approach in its relationship to ICANN, consistent with the original intent of the White Paper, and to give ICANN more freedom, following the model that had been nurtured since its creation. ISOC further encouraged ICANN to be more responsive to the needs of its various constituencies, especially those of end users, by working more closely with organizations that represent end-user interests, and the Internet community organizations, among others, to ensure their views are taken into account in ICANN decisions. The full text of the written comments, and of the oral comments delivered at the public meeting, are posted on the ISOC web site. ISOC was pleased to see that the approach the DOC took following the public consultations addressed many of the concerns expressed by ISOC. The Joint Project Agreement instituted in 2006 represents a more hands-off approach in the governmentʼs ...

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Response to the United States Department of Commerce, National

Telecommunications and Information Administration, Docket No.

071023616-7617-01 on “The Continued Transition of the Technical

Coordination and Management of the Internet's Domain Name and

Addressing System: Midterm Review of the Joint Project Agreement”

Submitted by the Internet Society

February 15, 2008

In 2006, the Internet Society (ISOC) made a contribution to the 2006 Department

of Commerce Notice of Inquiry. At that time, we urged the Government of the

United States to take a more hands-off approach in its relationship to ICANN,

consistent with the original intent of the White Paper, and to give ICANN more

freedom, following the model that had been nurtured since its creation. ISOC

further encouraged ICANN to be more responsive to the needs of its various

constituencies, especially those of end users, by working more closely with

organizations that represent end-user interests, and the Internet community

organizations, among others, to ensure their views are taken into account in

ICANN decisions. The full text of the written comments, and of the oral

comments delivered at the public meeting, are posted on the ISOC web site.

ISOC was pleased to see that the approach the DOC took following the public

consultations addressed many of the concerns expressed by ISOC. The Joint

Project Agreement instituted in 2006 represents a more hands-off approach in

the governmentʼs relationship to ICANN. Indeed, the undertakings made in the

JPA were not requirements imposed by the USG, but rather were commitments

freely made by the ICANN Board of Directors in response to comments from their

community.

At this mid-point in the JPA, ISOC believes that ICANN has made remarkable

progress in meeting its commitments, many of which are among those

recommended by ISOC in its 2006 comments. We commend ICANN for laying

these out clearly in its January 9, 2008, submission to this proceeding.

ICANNʼs progress would be a significant achievement for any organization to

have made in the short period of only 15 months. It is particularly so for a

relatively young organization. ICANN is to be commended for the energy and

commitment they have shown. Two key points warrant consideration now: (1)

implementation and (2) planning for the post-JPA period. ISOC contends that it

is in ICANN's own interest to demonstrate that it can practically deliver on the

considerable new work it has done since 2006, and that it has a workable plan

for its post-JPA future. Without both, the road to independence will not have

been sufficiently prepared.

Implementation

In ISOC's view, ICANN has met the task of developing new processes,

procedures and mechanisms, particularly to improve transparency and

accessibility in its processes, and improving its accountability mechanisms to

become increasingly responsive to global stakeholders. Now, as the JPA draws

to a close, ICANN will have the opportunity to put these new mechanisms to the

test, to demonstrate that the newly developed processes, procedures and

mechanisms are sufficient to the task, that they do work well in practice, and to

continuously improve those mechanisms to meet the strains placed on them

when operating in the real world.

Planning for Post-JPA:

ISOC continues to be concerned by the question of whether the current

governance model is appropriate to address the full range of responsibilities

undertaken by ICANN. For example, is there adequate and appropriate

participation from all the required communities? If not, how should the model be

changed to ensure ICANN has access to the information it needs; for example,

informed inputs from a broad spectrum of end users and the business

community? The original “constituency model” was conceived to obtain inputs,

but the current model does not always provide the necessary range of

stakeholdersʼ perspectives.

Now is the time to re-examine how stakeholdersʼ views are solicited and

considered so that ICANN has the information it requires, leading to a stronger

more stable organization. The increasing preponderance of views representing

specific economic interests creates a danger that ICANN's process may not be

sufficiently inclusive in future. ISOC recommends that ICANN expend further

efforts in a review of ICANNʼs consultation and decision making, in order to

ensure adequate input from all the appropriate quarters and to review its policies

and policy development processes to avoid what seems now to be a real

possibility of capture. No one stakeholder should have dominant control.

It is vital that ICANN ensure that “the model ICANN represents of coordination –

not control – of multi-stakeholder participation and led by the private sector needs

to be confirmed once and for all” as Paul Twomey says in his video presentation

on the JPA, posted on the ICANN web site.

In addition, ISOC strongly supports the Internet Architecture Board (IAB)

contribution to this NOI, concerning the IETF role

vis à vis

the IANA function.

Before completing the transition to private sector leadership in ICANN and

bringing the JPA to its successful closure, the rightful role of the IETF must be

clearly articulated and addressed.

To reiterate, we are eager to see ICANN transition to a private sector-led model

involving all stakeholders. We believe that having a clear, community-agreed

organizational endpoint is critical to ICANNʼs future success, and to the stability

and security of the global Internet. We would strongly urge that ICANN devote its

efforts in the coming months to three things: (1) demonstrating the effectiveness

in action of the principles it has created for itself during the first half; (2) taking

careful steps to ensure the appropriate inclusion of all stakeholders perspectives

in the development of balanced and widely supported recommendations and

decisions, (note: this will likely require changes to its consultation and decision-

making model); and (3) developing, consulting on, and articulating an

organizational and governance model for ICANN after the JPA. This endpoint

should be developed through an open, inclusive and transparent process,

drawing on the considerable expertise available to the organization, and

proceeding on the assumption that governments will continue to provide advice,

but not oversight.

In our 2006 submission to the Department of Commerce Notice of Inquiry,

ISOCʼs comments focused on the need for a new, lighter relationship between

the Department and ICANN. By creating the JPA, we see that the DoC has

effectively done what was needed to provide ICANN with the wherewithal to take

the next steps, and has largely stood by its decision. ICANN rose to the

challenge, and has made good progress on the commitments its Board freely

made in the JPA. Now, with the agreement about to enter its second half, it is

time for ICANN to show that it can make the new mechanisms work effectively in

practice. If ICANN wishes to end its ties to the US government prior to the JPA

expiring in September 2009, a goal strongly shared by ISOC and others in the

community, it must strengthen its already credible track record. It must present

to its community, in the broadest sense, a convincing vision of how it will continue

to embody Internet principles in an inclusive and balanced way. At the same

time, ICANN must remain responsible and responsive to the community. ISOC

remains committed to playing a supportive role in this ongoing evolutionary

process now and after the expiration of the JPA.

We thank you for this opportunity to comment.

Lynn St.Amour

President and CEO, Internet Society

About the Internet Society

Founded in 1992, the Internet SOCiety (ISOC) is a professional membership

society with more than 80 organizations and over 28,000 individual members in

over 90 chapters around the world. It provides leadership in addressing issues

that confront the future of the Internet, and is the organization home for the

groups responsible for Internet infrastructure standards, including the Internet

Engineering Task Force (IETF) and the Internet Architecture Board (IAB). In

2002, ISOC was given the privilege of operating the .ORG domain name as a

result of a competitive open bid process conducted by ICANN; and a subsidiary

organization, called Public Interest Registry (PIR), was established for this

purpose.

The mission of ISOC is to promote the open development, evolution, and use of

the Internet for the benefit of people throughout the world—to ensure that “The

Internet is for Everyone”.

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