[ALSC-Forum] Delegation, transparency, and ".aero"

[Edward Hasbrouck]

I've posted my comments and recommendations to the ALSC at 
<http://hasbrouck.org/icann/>, focusing on aspects of the at-large role 
*other* than the selection of the ICANN Board of Directors. In summary:

1. Most ICANN decision-making authority is delegated, not exercised 
directly by the ICANN Board of Directors.

2. Transparency is a prerequisite to meaningful at-large participation, 
*including* transparency in decision-making by delegated entities. 

3. The example of SITA and the ".aero" gTLD, as the precedent for 
delegating authority over a TLD for a specific sphere of activity to an 
entity constituted entirely of *corporations* active in that sphere -- with 
the unsurprising result that non-corporation civil society and at-large 
constituencies are being excluded from governance of that TLD. 

4. Recommendations 

In light of the analysis at <http://hasbrouck.org/icann/>, I urge the ALSC 
to recommend (in addition to its recommendations with respect to at-
large participation in selection of the ICANN Board of Directors):  

(1) That all gTLD registry operators, gTLD sponsors, and other entities to 
which decision-making authority is delegated by the ICANN Board be 
required, as a condition of that delegation of authority, to provide 
mechanisms for:  

(A) transparency, advance notice, and comment on proposed decisions; 
and 

(B) at-large participation and input to their decision-making process. 

(2) That the ICANN Board establish (or delegate to an appropriately 
constituted At-Large Compliance Board to establish) procedures for 
oversight of compliance with these requirement by gTLD registry 
operators, gTLD sponsors, and other delegated entities, with penalties 
for non-compliance including but not limited to revocation of the 
delegation of authority.  

(3) That no further agreements with gTLD registry operators or sponsors 
be finalized by ICANN until these requirements for transparency, at-large 
participation, and oversight are included in them.  

Please consider this as an addition to your options for ALSC 
recommendations, with full details at <http://hasbrouck.org/icann/>.


----------------
Edward Hasbrouck
<edward@hasbrouck.org>
<http://hasbrouck.org>