Dear All,

Over the past few years, I have been reading the ICANN Byelaws on and off. I claim no authority on the way the terms are interpreted internationally. For the purposes of the discussions within my professional responsibilities and interests, I think:

#1. ICANN's role is very limited on the mechanism or implementation level. 

#2: ICANN is NOT responsible for concerns such as financial transactions, Internet content control, spam mails, Internet gambling, or data protection and privacy.

Note: Well, is an e-mail semi-formal in ICANN is a frequent question.

#3. ICANN oversees the distribution of unique IP addresses and domain names. It also ensures that each domain name maps to the correct IP address. ICANN ensures that every address is unique and that all users of the Internet can find all valid addresses. 

#4. ICANN ensures minimum standards compliance from the domain name registrars. The accreditation agreement specifies  the rules and procedures applicable to the provision of Registrar Services.

I keep wondering about the future proofing and technology agnosticism in the process.

Again, I admit that I am using this discussion thread to get more clarity on my notes on ICANN remit on the above lines..

I eagerly look forward to your thoughts.

Sincerely,



Gopal T V
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Dr. T V Gopal
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From: CPWG <cpwg-bounces@icann.org> on behalf of Evan Leibovitch via CPWG <cpwg@icann.org>
Sent: 27 September 2022 22:50
To: mike palage.com <mike@palage.com>
Cc: CPWG <cpwg@icann.org>
Subject: Re: [CPWG] Are Blockchain Domains within the Mission of ICANN - WAS RE: Questions to the board about distributed DNS
 
Hi Mike,

Evan I am going to push back. I think At-Large is probably the optimal place to discuss alternative root names.  Per the At Large Website – “At-Large Community acts on the interests of Internet users.”  I would argue that At Large is not limited to just Root Zone domain names and IP addresses.   Moreover, when you look at ICANN’s articles of incorporation, I think it provides a much larger mandate that just the coordination of domain names and IP addresses:

 

pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet by carrying out the mission set forth in the bylaws of the Corporation (“Bylaws”). Such global public interest may be determined from time to time.  Any determination of such global public interest shall be made by the multistakeholder community through an inclusive bottom-up multistakeholder community process.




Carlton's well-expressed pushback to the pushback is supported by fact.

The articles of a corporation are by nature (I've done quite a few myself)  as wide-ranging as regulations allow. Based on the Articles alone ICANN's aims are nearly indistinguishable from those of ISOC or the IGF. It's in those Bylaws and the Mission -- referred to by the Articles -- where we find the applicable scope and context limitations.

Bylaw 1.1(a) -- the very first one -- makes quite clear that ICANN's mission and remit is to (emphasis mine):

(i) Coordinates the allocation and assignment of names in the root zone of the Domain Name System ("DNS") and coordinates the development and implementation of policies concerning the registration of second-level domain names in generic top-level domains ("gTLDs"). [...]

(ii) Facilitates the coordination of the operation and evolution of the DNS root name server system.

(iii) Coordinates the allocation and assignment at the top-most level of Internet Protocol numbers and Autonomous System numbers. [...]

(iv) Collaborates with other bodies as appropriate to provide registries needed for the functioning of the Internet as specified by Internet protocol standards development organizations. In service of its Mission, ICANN's scope is to provide registration services and open access for registries in the public domain requested by Internet protocol development organizations.

And that's immediately followed by 1.1(b):

ICANN shall not act outside its Mission.

So, indeed, ICANN's scope most certainly is limited to the DNS and IP numbers. At best 1.1(a)(iv) could be interpreted as mandating collaboration with non-DNS registration systems, but I'm waiting for "Internet protocol standards development organizations" to recognize them before ICANN gets involved. I have already agreed that we need to keep an eye out and be aware of challenges that might exist from external sources of collision that are outside ICANN's control. Such challenges have existed before. But ICANN is not mandated to address the issue unless directed to do so by the IETF (or some other standards body? W3C? ANSI? IEEE?). And while At-Large has the ability to address ICANN issues beyond the policy-based limits of the GNSO, its pure function is to provide advice to the ICANN Board, staff and constituencies (that's the second "A" in ALAC) "on the activities of ICANN" according to Bylaw 12.2(d).

ICANN's activities are limited to the DNS and coordination with other bodies as directed by appropriate Internet standards organizations. No such direction has been given regarding blockchain-based DNS wannabes. And ICANN At-Large is limited to addressing ICANN's activities.

Anything beyond this is an abrogation of the ICANN Bylaws. I stand behind what I said.

Cheers,
Evan