Phil — I don’t think the Congressional appropriations language would prevent the transition “event".    NTIA could simply allow the IANA contract to expire 30-Sep-2016 without spending any resources whatsoever.  The contract could just expire, leaving in question who has the authority to operate the IANA functions.  But no question who would be operating the root, numbers and protocols the next day — ICANN would.

So we (the community) should continue developing accountability mechanisms so we can hold ICANN accountable if/when it takes control of IANA functions.   It could happen on 30-Sep-2016 so let’s be ready.

From: <accountability-cross-community-bounces@icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com>
Date: Wednesday, December 16, 2015 at 7:56 PM
To: Greg Shatan <gregshatanipc@gmail.com>, Jordan Carter <jordan@internetnz.net.nz>
Cc: Accountability Cross Community <accountability-cross-community@icann.org>
Subject: Re: [CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA Transition Freeze without DOTCOM Act

NTIA can continue to prepare for the transition, including leading an interagency review of any Proposal it receives from ICANN. But it is prohibited from actually effecting the transition until October 1, 2016.

 

 

From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Greg Shatan
Sent: Wednesday, December 16, 2015 5:07 PM
To: Jordan Carter
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] FW: FY16 Appropriations Act Extends IANA Transition Freeze without DOTCOM Act

 

As I read this, it does not slow anything down.  We were targeting a transition around September 30, 2015 in any event.

 

Greg

 

On Wed, Dec 16, 2015 at 4:48 PM, Jordan Carter <jordan@internetnz.net.nz> wrote:

Hi all, hi Milton,

 

My understanding of the steps in the timetable was that finalising our proposal in January was what gave space for a transition in September at the earliest.

 

Are you suggesting that instead it means one of the earlier steps can't start when it was intended?

 

I.e. If NTIA could not start its consideration until 30 Sep then that does materially change things, timing wise. But if it could still do its review as part of preparing for a transition, then that wouldn't.

 

Maybe we could ask NTIA for their view of the situation too?

 

Cheers

Jordan 


On Thursday, 17 December 2015, Mueller, Milton L <milton@gatech.edu> wrote:

This is good news, and I hope the co-chairs of the CCWG all sit down and read former Congressman Boucher's message out loud - better yet, sing it to the tune of Jingle Bells! - together. The idea that we have to truncate our process and twist ourselves into pretzels or cave to unreasonable demands from the board in order to meet an arbitrary schedule is now, I think, officially dead.
--MM

> -----Original Message-----
> It's also noteworthy that (b) has been added saying that the restriction shall
> not apply in fiscal year 2017. That's a nice statement of intention by the
> drafters of this provision that by the commencement of fiscal year 2017 in
> October of next year the transition will be complete.
>
> I don't believe that the adoption of this language in any way reflects a stepping
> back by Congress from the bipartisan consensus which has now been formed
> in both the House and the Senate to support the IANA transition as long as the
> NTIA’s originally announced 4 principles for ICANN accountability are in place
> and are enforceable as part of the transition plan.
>
> Please let me know if you have questions.
>
> Rick
>
> SEC. 539. (a) None of the funds made available by
> 21 this Act may be used to relinquish the responsibility of
> 22 the National Telecommunications and Information Ad ministration, during
> fiscal year 2016, with respect to
> 24 Internet domain name system functions, including respon-
> 1 sibility with respect to the authoritative root zone file and
> 2 the Internet Assigned Numbers Authority functions.
> 3 (b) Nothwithstanding any other law, subsection (a)
> 4 of this section shall not apply in fiscal year 2017.
>
>
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community

 

--
Jordan Carter
Chief Executive, InternetNZ

+64-21-442-649 | jordan@internetnz.net.nz

Sent on the run, apologies for brevity


_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community

 

No virus found in this message.
Checked by AVG - www.avg.com
Version: 2016.0.7227 / Virus Database: 4477/11098 - Release Date: 12/01/15
Internal Virus Database is out of date.