Dear all, I would like to point to a 'root source' for accountability mechanisms that underpins those identified in the first draft. These are clauses C.2.9.2c and C.2.9.2.d of the IANA Functions contract. See below for [1] A link to the contract [2] quote of C.2.9.2.c [3] quote of C.2.9.2.d. These are core provisions of the contract that ensure ICANN's accountability to the ccTLD and gTLD communities, respectively. The effect of C.2.9.2c is to protect the independence and authority of ccTLDs to make policy for their domain, and to prevent ICANN encroaching on that by seeking to make policy for ccTLDs in the way it does for gTLDs. The effect of C.2.9.2.d is to create a binding commitment that gTLD changes shall be based on existing policy procedures (i.e. the GNSO PDP), to require that these procedures continue, and that they be open and transparent. Because they are in a contract to which NTIA is a counter-party, they make ICANN accountable to NTIA for ensuring that it honours these requirements. They also form the base of ICANN's understanding of its accountability to the community for ccTLDs and gTLDs respectively. To put it bluntly, C2.9.2.d is the binding mechanism that prevents the ICANN Board deciding to abolish the GNSO, or to look to somewhere else (e.g. GAC) for the source of gTLD policy. There is more detail set out in the Bylaws as to how this is to operate, but C.2.9.2.d elevates this above a mere Bylaws requirement (which is subject to change by the Board) into a binding, externally enforceable commitment. Please note that CCWG-Stewardship, which is dealing with IANA transition, has decided that the effect of C.2.9.2.d is a matter for CCWG-Accountability and not for itself. I attach a proposed modification to the current draft that would recognise these clauses as an accountability mechanism. Kind Regards, Malcolm. [1] http://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-final_award_and... [2] Regarding ccTLDs, the IANA functions contract [1] says at C.2.9.2.c: "C2.9.2.c -The Contractor shall apply existing policy frameworks in processing requests related to the delegation and redelegation of a ccTLD, such as RFC 1591 Domain Name System Structure and Delegation, the Governmental Advisory Committee (GAC) Principles And Guidelines For The Delegation And Administration Of Country Code Top Level Domains, and any further clarification of these policies by interested and affected parties as enumerated in Section C.1.3. If a policy framework does not exist to cover a specific instance, the Contractor will consult with the interested and affected parties, as enumerated in Section C.1.3; relevant public authorities and governments on any recommendation that is not within or consistent with an existing policy framework. In making its recommendations, the Contractor shall also take into account the relevant national frameworks and applicable laws of the jurisdiction that the TLD registry serves. The Contractor shall submit its recommendations to the COR via a Delegation and Redelegation Report." [3] Regarding gTLDs, the IANA functions contract says at C.2.9.2.d: "C.2.9.2.d Delegation and Redelegation of a Generic Top Level Domain (gTLD) -- The Contractor shall verify that all requests related to the delegation and redelegation of gTLDs are consistent with the procedures developed by ICANN. In making a delegation or redelegation recommendation, the Contractor must provide documentation verifying that ICANN followed its own policy framework including specific documentation demonstrating how the process provided the opportunity for input from relevant stakeholders and was supportive of the global public interest. The Contractor shall submit its recommendations to the COR via a Delegation and Redelegation Report" -- Malcolm Hutty | tel: +44 20 7645 3523 Head of Public Affairs | Read the LINX Public Affairs blog London Internet Exchange | http://publicaffairs.linx.net/ London Internet Exchange Ltd 21-27 St Thomas Street, London SE1 9RY Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA