I believe, as Bruce indicated, that ICANN¹s counsel has long taken the position that ICANN is not a ³regulator² period. I think we could agree that ICANN doesn¹t have the kind of statutory grant of authority that sovereigns usually confer on formal regulatory bodies, but to me that is enormously irrelevant. ICANN regulates - the New gTLD Application Guidebook reflected bottom up policy making supplemented with implementing ³rules.² Just because no one is forced to apply for a new gTLD doesn¹t eliminate the regulatory role played by ICANN when it comes to registries and registrars. So the question - and it is an important question - is what is the scope of ICANN¹s regulatory authority. As I¹ve said more than a few times, the scope of that authority is the picket fence. I would be shocked if Bruce was to report that ICANN would agree to a prohibition on ³regulation² - and I don¹t think anything that the CCWG has done so far asks for that. Rather, the reference in the Board comments is likely just a reiteration of counsel¹s oft-repeated but IMHO meaningless assertion that ICANN does not have formal regulatory authority granted by a sovereign. If it walks like a duck etc. 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> On 12/16/15, 2:23 PM, "Avri Doria" <avri@acm.org> wrote:
On 16-Dec-15 05:27, Bruce Tonkin wrote:
(2) ICANN is not a regulator, and does not regulate content through these contracts.
doesn't this just mean it is not a content regulator without indicating that it is not a regulator in any other aspect of the role?
avri
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