Transcript Principal Points

ICANN-GAC
the big picture
Anthony M. Rutkowski
Principal
NGI Associates
[email protected]
This presentation and the opinions
expressed are solely those of author
Principal Points
• ICANN-GAC is
– a two-person function needlessly exploded into a
hopelessly complex organizational labyrinth
– a European regulatory model, and
– from a public policy perspective - utenable
• It's formation and actions are unlawful and
contrary to longstanding policies
• Any of several viable alternatives are more
appropriate and much better choices
Before ICANN-GAC
Organization for Internet Names and Numbers
Jon Postel and Joyce Reynolds
IETF32, Danvers MA, Apr 1995
Courtesy of Peter Lothberg, www.stupi.se
The only real functions
necessary to perform
• Keep small databases of miscellaneous protocol values
that you don’t see or care about (1/2 person function)
• Facilitate as required, coordination among the existing
IP Address regional registries (1/4 person function)
• Decide as required, what additions or changes get made
to the legacy DNS root zone file (1/4 person function)
• Even in the entire arena of global telecom systems, the
equivalent functions are performed by 2 people in
Geneva
V1.1 17 Sep 99
The ICANN-GAC Organization
Government Advisory
Committee (GAC)
Plenary
GAC
Secretariat
Dept of Commerce
NTIA
MoU
ICANN Interim
Board (10)
ICANN
Secretariat
CRADA
NIST
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[21 permanent]
(NOIE)
ICANN Website
Comments
Member
Nations
Argentina
Armenia
Australia
…
Yemen
(50 active,
200+
potential)
[Because the GAC is a closed,
secret activity, it's internal
structure isn't fully known.]
Argentina
Armenia
Australia
Austria
Bangladesh
Belgium
Brazil
Canada
Chile
Cyprus
Czech Rep.
Denmark
Finland
France
Gambia
Germany
Ireland
Italy
Japan
Korea
Latvia
Libya
Malaysia
Mexico
Morocco
Netherlands
New Zealand
Niue
Norway
Papua New Guinea
Peru
Portugal
Singapore
Slovenia
Spain
Sri Lanka
Sweden
Switzerland
Taiwan
Tonga
Tuvalu
United Kingdom
USA
Vatican City State
Vietnam
Yemen
GAC Website
Fair Practices
Committee
Internet Assigned
Numbers Authority
< 2 directors per region (9)
At-Large Membership
ccTLD
Committee
[non-functional]
At-Large Council
(18)
Convergence
AdHoc Group
IANA Website
1 director per region (3)
1 director
per region (3)
Domain Name Supporting Organization
Address Supporting Organization
Asia Pacific
Telecommunity (APT)
European Union
International
Telecommunication
Union (ITU)
Organisation for Economic
Cooperation and
Development (OECD)
South Pacific Forum
Secretariat (SPFS)
World Intellectual Property
Organisation (WIPO)
Names
Council (19)
Secretariat
MoU Signatories
(ARIN, RIPE, APNIC)
[AF NIC]
gTLD registries
Constituency
Web site
Comments
Individuals (>5000)
2 Council
seats per 5
regions, 8
at-large, <2
per region
Address Council
(9)
General
Assembly
Membership Advisory
Committee
ccTLD registries
Constituency
3 seats
1 seat
3 each
On-line
Activities
Fund
Raising
(GIP)
Outside
Counsel
Jones Day
Secretariat
Comments
Comments
Announce site
WG-A
Dispute
Resolution
Policy
3 seats
General
Assembly
Comments
Comments
WG-B
Famous TradeMarks
Protocol Supporting Organization
3 seats
Commercial and
business entities
Constituency
ISP and connectivity
providers
Constituency
3 seats
Non-commercial
domain name holders
Constituency
Comments
Comments
3 seats
Comments
Advisory Committee on
Independent Review
[non-functional]
MoU Signatories
(ITU, ETSI, IETF, W3C)
Registrars
Constituency
WG-C
New gTLDs
3 each
WG-C1
Protocol Council
(12)
Secretariat
Comments
DNS Root Server
Advisory Committee
Comments
Trademark, other
intellectual property
and anti-counterfeiting
interests Constituency
WG-C3
WG-D
Business Plan
and Internal
Procedures
Comments
General
Assembly
3 seats
Comments
Comments
WG-C2
WG-E
Global
Awareness and
Outreach
WG-D1
Comments
WG-D2
Comments
Comments
www.wia.org (pink animated arrow)
Comments
See
additional
detail
DNSO Constituencies (Detail)
ccTLD registries Constituency
Administration
Committee
(6)
Secretariat
[RIPE]
1 each
Web site Comments
Commercial and business entities
Constituency
gTLD registries Constituency
Africa
Group
North
America
Group
Asia
Pacific
Group
Members
(1)
Secretariat
Members
(65)
[CIGREF]
Web site
ISP and connectivity providers
Constituency
Officers
(3)
Members
(23)
Secretariat
Comments
[AF NIC]
Europe
Group
Web site
Comments
South
America
Group
IATLD
Group
Non-commercial domain name
holders Constituency
Administration
Committee
(5)
2 votes
Large
Organizations
1 vote
Secretariat
Registrars Constituency
Secretariat
[Ipwarehouse]
Members
(60)
Web site
Comments
Trademark, other intellectual
property and anti-counterfeiting
interests Constituency
Intellectual Property
Constituency Council
(17)
Small
Organizations
[Internet Society]
Secretariat
[?]
Web site
Comments
Web site
Member
Organizations
(17)
ICANN-GAC:
A European regulatory model
• Proposed at Oct 1997 CILP meeting by EC representative
• EU self-governance model: governments make the
policies; industry implements them
• EC negotiated result with administration and inserted key
features into ICANN-GAC instruments
• ICANN is required to submit all substantive actions in
advance to GAC for its review and findings, including the
GAC's determination of relevant law and policy
• Excessive forced regionalization in ICANN elections
dilutes role of most affected parties, and ability of US to
promote minimalist regulatory and institutional values
ICANN-GAC:
From a public policy perspective
• A private government-supported corporation with a
monopoly franchise to exercise potentially unlimited
regulatory authority over the entire Internet
• Insulated from accountability by organizational shells
• Every constituency wired into the organizational structure
maximizes contention and conflicts of interest
• Easily captured
• Labyrinthine complexity precludes effective participation
and promotes control by insiders
• No due process, transparency, reservations or other
safeguards that are built into domestic and international
regulatory systems
Litany of Unlawful and Abusive Actions
• DOC: Acting without authority; pursuing a wholly
inappropriate role; maintaining a federal corporation;
representing the US and violating EO 12046 process;
contrary to Computer II/GATS policies
• GAC: creating an intergovernmental body under ICANN
corporation; operation contrary to ICANN Bylaws; actions
contrary to international law; contrary to US practice of
international law; contrary to Computer II/GATS policies
• ICANN: government corp in disguise; acting as a private
regulatory agency; managing private sector competition;
closed; captured; provides minimal due process; violates its
own provisions with impunity; displays public prejudices;
disenfranchises individuals/users; not a 501(c)(3)
The “monopoly” made me do it? :-)
Competing Top Level Domains
250 TLDS in use; 246
different registrars not
including COM, NET
and ORG
80? Registrars
offering services now
or within the next
quarter
COM, NET, & ORG Competing Registrars
Alternatives are more appropriate,
much better choices
• The field is littered with failed institutional schemes: Wilson's UECU,
Roosevelt's IFRB, Johnson's Comsat, Carter's OSI, …
• Internet institutions can also go wrong at “Internet speed”
• ICANN ceases to exist
– Nothing functionally adverse will occur; ICANN doesn't run anything
– Competition continues through existing agreements and antitrust laws (who
manages competition for the rest of the Internet?)
– Some possible attempts by other governments to force an institutional
alternative - so what's new?
• Alternatives appear
– DNS alternatives already exist; others are sure to arise; DNS server operators
just cooperate among themselves
– An acceptable coordinating organization emerges- NANOG plus
– Government chartered corporation with real oversight and safeguards
• If ICANN manages to survive, it’s a lightening rod for endless mischief