Becky — may get a rise but certainly no riot.  If I understand it, you propose we eliminate the sentence that created the concern over ICANN not being able to enforce contracts:
Without in any way limiting the foregoing absolute prohibition, ICANN shall not regulate services that use the Internet's unique identifiers, or the content that such services carry or provide. 

With that sentence gone, we no longer need this one:
ICANN shall have the ability to enforce agreements with contracted parties, subject to established means of community input on those agreements and reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars. 

And we are left with a tight mission statement that should prevent future adventures like NetMundial:
ICANN shall act strictly in accordance with, and only as reasonably appropriate to achieve its Mission

Makes sense to me.


From: <accountability-cross-community-bounces@icann.org> on behalf of Becky Burr <Becky.Burr@neustar.biz>
Date: Friday, November 6, 2015 at 12:30 PM
To: Accountability Community <accountability-cross-community@icann.org>
Subject: [CCWG-ACCT] regulatory/mission issue WS2

All:  At the risk of causing a riot, I confess that am getting increasingly concerned that we are confusing ourselves (and possibly the bylaws) by trying to include and explain the prohibition on regulation of services that use the Internet’s unique identifiers or the content that such services carry or provide.  Perhaps we would be better off relying on a clear Mission statement and enhanced accountability mechanisms to prevent mission creep? I could certainly make the argument, based on the proposed mission statement, that ICANN has no authority to regulate ISPs, or to use its authority over registries and registrars to do so indirectly.  (Please note, ICANN’s Bylaws currently authorize ICANN to enter into contracts.  See  Article XV, Section 1).  

Should we discuss this approach?  The report language on ICANN’s Mission Statement, reflecting the recent changes to address IAB/IETF concerns, would then read:

The Mission of The Internet Corporation for Assigned Names and Numbers ("ICANN") is to ensure the stable and secure operation of the Internet's unique identifier systems in the ways described below.  Specifically, ICANN:

1.  Coordinates the allocation and assignment of names in the root zone of the Domain Name System ("DNS"). In this role, ICANN’s Mission is to coordinate the development and implementation of policies:

•For which uniform or coordinated resolution is reasonably necessary to facilitate the openness, interoperability, resilience, security and/or stability of the DNS; and

•That are developed through a bottom-up, consensus-based multi- stakeholder process and designed to ensure the stable and secure operation of the Internet’s unique names systems.

2.  Coordinates the operation and evolution of the DNS root name server system. In this role, ICANN’s Mission is to [to be provided by root server operators].

3.  Coordinates the allocation and assignment at the top-most
level of Internet Protocol ("IP") and Autonomous System ("AS") numbers. ICANN’s Mission is described in the ASO MoU between ICANN and RIRs.

4.  Collaborates with other bodies as appropriate to publish core registries needed for the functioning of the Internet. In this role, with respect to protocol ports and parameters, ICANN's Mission is to provide registration services and open access for registries in the public domain requested by Internet protocol development organizations, such as the Internet Engineering Task Force.

ICANN shall act strictly in accordance with, and only as reasonably appropriate to achieve its Mission. Without in any way limiting the foregoing absolute prohibition, ICANN shall not regulate services that use the Internet's unique identifiers, or the content that such services carry or provide. ICANN shall have the ability to enforce agreements with contracted parties, subject to established means of community input on those agreements and reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars. 

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