FYI ---------- Forwarded message ---------- From: Seth Johnson <seth.p.johnson@gmail.com> Date: Tue, May 24, 2016 at 5:46 PM Subject: Re: [CCWG-ACCT] U.S. Senate Committee on Commerce, Science, and Transportation Full Hearing on 24 May 2016 To: Sivasubramanian M <isolatedn@gmail.com> Cc: Accountability Cross Community <accountability-cross-community@icann.org>, "ianatransition@icann.org" <ianatransition@icann.org> On Tue, May 24, 2016 at 2:07 PM, Sivasubramanian M <isolatedn@gmail.com> wrote: <SNIP>

Even while continuing to be in the California Jurisdiction, the Accountability design requires to be one that would move ICANN governance as farther away from California Courts as possible. Could there be an Accountability design that could take ICANN governance away from lawyers (no disrespect intended) but towards a balanced and inherently just framework? Could there be a "soft enough" or "loose" oversight/observation by the NTIA at least until Workstream 2 and other Accountability processes place together such a self-contained framework for global public interest?

In many ways, a soft interim role for the US Government, or a short delay would actually ensure that the transition details are gracefully accepted by the whole world.

It should be noted that this is essentially the role the NTIA has been simulating thus far. They've sort of/supposedly handed it off a bit already by creating ICANN. Then sort of/supposedly the processes are private as much as possible, and NTIA only acts in the most circumspect way when it appears prudent. The premise in that story of the transition is that privatizing under ICANN (via corporate statute in a certain jurisdiction/CA) does the job that's needed. I would hold that a just framework like you describe would have to be examined, including in relation to that premise, in WS2 whatever happens re NTIA's role. My guess is the political impetus is to going cold turkey. But what I would say is that you may still have to work on addressing what's going to happen by putting up a strong effort in WS2. Jurisdiction and rights are in that discussion. To my reckoning, what's been done is the ICANN internal stuff. There's more happening though, and that's what you need to be attentive to. Seth

Sivasubramanian M

-- Sivasubramanian M

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