Thanks Becky, Fiona, this is v helpful. Jordan On 15 January 2016 at 11:59, Burr, Becky <Becky.Burr@neustar.biz> wrote:
Fiona’s response, just in case she is unable to post to the list
*J. Beckwith Burr* *Neustar, Inc.* / Deputy General Counsel & Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington D.C. 20006 *Office:* +1.202.533.2932 *Mobile:* +1.202.352.6367 */* *neustar.biz* <http://www.neustar.biz>
From: <Alexander>, Fiona Alexander <falexander@ntia.doc.gov> Date: Thursday, January 14, 2016 at 5:58 PM To: Becky Burr <becky.burr@neustar.biz> Cc: Accountability Community <accountability-cross-community@icann.org> Subject: RE: Question regarding AoC and "consumer trust"
Hi Becky
In the drafting of the Affirmation of Commitments, NTIA’s intent was to ensure that consumer trust was considered as part of the new gTLD expansion process. It was not to broadly include consumer trust as an obligation of ICANN. If the community wants to have a discussion about consumer trust as a broad ICANN obligation, that is a community decision. The Affirmation of Commitments, though, should not be read or used to justify an expansion, if one is to take place.
Please let me know if I can assist further.
Fiona
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Fiona M. Alexander
Associate Administrator for International Affairs
National Telecommunications and Information Administration (NTIA)
(202) 482-1866
www.ntia.doc.gov
*From:* Burr, Becky [mailto:Becky.Burr@neustar.biz <Becky.Burr@neustar.biz>] *Sent:* Thursday, January 14, 2016 5:49 PM *To:* Alexander, Fiona *Cc:* Accountability Community *Subject:* Question regarding AoC and "consumer trust"
Fiona –
I am hoping you can shed some light on ICANN’s obligations with respect to “consumer trust” under the Affirmation of Commitments (AoC).
Paragraph 3 of the AoC states that the document “affirms key commitments by DOC and ICANN, including commitments to: … (c) promote competition, consumer trust, and consumer choice in the DNS marketplace.” Paragraph 9.3, entitled “Promoting competition, consumer trust, and consumer choice,” obligates ICANN to “ensure” that “as it contemplates expanding the top-level domain space, the various issues that are involved (including competition, consumer protection, security, stability and resiliency, malicious abuse issues, sovereignty concerns, and rights protection) will be adequately addressed prior to implementation.” It goes on to require ICANN to conduct specific reviews at specified intervals following the introduction of new gTLDs.
In transposing ICANN’s AoC commitments into the ICANN Bylaws, the CCWG Proposal contemplates adding a Bylaws provision requiring the specific reviews called for in the AoC, including review of competition, consumer trust, and consumer choice in relation to expansion of the gTLD space.
Some members of the CCWG believe that this approach faithfully transposes the consumer trust obligations which are referenced in Paragraph 3 but explained in Paragraph 9.3 to apply exclusively to ICANN’s expansion of the TLD space. Other members of the CCWG interpret the AoC to obligate ICANN also to undertake a general role in promoting consumer trust “in the DNS marketplace.”
It would be very helpful if you could help us understand the intent of the drafters with respect to ICANN’s “consumer trust” obligations ICANN under the Affirmation of Commitments.
Many thanks on behalf of the CCWG,
Becky Burr
Rapporteur for Work Party 2
*J. Beckwith Burr* *Neustar, Inc.*/Deputy General Counsel & Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington D.C. 20006 *Office:*+1.202.533.2932 *Mobile:*+1.202.352.6367 */**neustar.biz* <http://www.neustar.biz>
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