Alan Greenberg alan.greenberg at mcgill.ca
Fri Dec 8 15:40:55 UTC 2017

Two points of clarification.

1. The mission of ICANN has always been narrow, 
but with the major revision of the Bylaws 
following the ICANN Accountability work over the 
last two years, the mission has become even more 
restricted and is explicitly enumerated, thus 
1.1(b) explicitly saying that the previous 
paragraphs are complete. So not being counter the 
mission does not mean it is included. Similarly, 
expressions such as "broadly defined" are not how 
this is viewed by many. I happen to agree that 
ICANN's mission should be more flexible. But that 
was not the bottom-up decision of the community.

2. My reference to years of experience was not in 
relation to interpreting ICANN's mission, but in 
demonstrating that many in this group have a long 
history of doing things to aid the Internet 
without regard to financial or other benefits.


At 07/12/2017 11:22 PM, William Michael Cunningham wrote:
>I see nothing in the bylaws which runs counter 
>to my position. In point of fact, in several 
>places there is support for my inquiry, which 
>is, by the way, simply this: how might the newly 
>revealed FCC AND policy impact DNS security, 
>stability and, most importantly, OPEN access, 
>broadly defined. The answer is certainly not that it will have no impact.
>Further, I see nothing in the bylaws that gives 
>added weight to years of experience in any 
>aspect of policy. If there is, please point it 
>out. As a "bottom up"  initiative, there should be a specific policy on this.
>On Dec 7, 2017 10:42 PM, "Alan Greenberg" 
><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>William, you are free to believe whatever you 
>wish. But that does not change what is written in ICANN's Bylaws. I quote:
>Section 1.1. MISSION
>(a) The mission of the Internet Corporation for 
>Assigned Names and Numbers ("ICANN") is to 
>ensure the stable and secure operation of the 
>Internet's unique identifier systems as 
>described in this Section 1.1(a) (the "Mission"). Specifically, ICANN:
>     (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"). In this role, ICANN's scope is to 
> coordinate the development and implementation of policies:
>         For which uniform or coordinated 
> resolution is reasonably necessary to 
> facilitate the openness, interoperability, 
> resilience, security and/or stability of the 
> DNS including, with respect to gTLD registrars 
> and registries, policies in the areas described in Annex G-1 and Annex G-2; and
>         That are developed through a bottom-up 
> consensus-based multistakeholder process and 
> designed to ensure the stable and secure 
> operation of the Internet's unique names systems.
>     The issues, policies, procedures, and 
> principles addressed in Annex G-1 and Annex G-2 
> with respect to gTLD registrars and registries 
> shall be deemed to be within ICANN's Mission.
>     (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. 
> In service of its Mission, ICANN (A) provides 
> registration services and open access for 
> global number registries as requested by the 
> Internet Engineering Task Force ("IETF") and 
> the Regional Internet Registries ("RIRs") and 
> (B) facilitates the development of global 
> number registry policies by the affected 
> community and other related tasks as agreed with the RIRs.
>     (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.
>(b) ICANN shall not act outside its Mission.
>(c) ICANN shall not regulate (i.e., impose rules 
>and restrictions on) services that use the 
>Internet's unique identifiers or the content 
>that such services carry or provide, outside the 
>express scope of Section 1.1(a). For the 
>avoidance of doubt, ICANN does not hold any 
>governmentally authorized regulatory authority.
>"Secure and stable operation" *IS* one of the 
>key phrases, but one cannot ignore that words 
>that come after it - "of the Internet's unique 
>identifier systems". We work within the overall 
>Internet Governance System that includes 
>national laws and regulations. But we have 
>responsibility for only a small and very specific part of that.
>Many of us passionately care about how well the 
>Internet functions and how accessible it is to 
>our own communities and those of our colleagues 
>around the world. Despite you insinuations that 
>we may be taking certain positions for personal 
>or corporate financial gain, many of us have 
>spent DECADES helping to further the goal of 
>good, widely available, reliable and secure 
>Internet access and have done this with no hope 
>or desire to personally gain from our efforts.
>Alan Greenberg
>At 07/12/2017 06:39 PM, William Michael Cunningham wrote:
>>Even if I believed this incorporated the 
>>totality of the ICANN mission, which I do not, 
>>"stable and secure" is the operative phrase. 
>>Removing nn at the FCC is a destabilizing 
>>policy change, in much the same way that 
>>removing glass steagal was destabilizing to the financial marketplace.
>>On Dec 7, 2017 6:32 PM, "Carlton Samuels" 
>><<mailto:carlton.samuels at gmail.com> carlton.samuels at gmail.com> wrote:
>>Just seeing this.  ICANN's remit is 
>>coordinating the Internet's unique identifiers 
>>in furtherance of a stable and secure domain name system.
>>While interesting and even mildly entertaining, 
>>the FCC's NN malarkey is decidedly outside the ICANN remit.
>>Carlton A Samuels
>>Mobile: <tel:(876)%20818-1799>876-818-1799
>>Strategy, Planning, Governance, Assessment & Turnaround
>>On Wed, Dec 6, 2017 at 2:07 PM, William Michael 
>><<mailto:williamcunningham840 at gmail.com> 
>>williamcunningham840 at gmail.com> wrote:
>>A reading of the FCC Net Neutrality order 
>>clearly reveals how impactful this order will 
>>be on ICANN's stated mission and goals. A focus 
>>on technical aspects of  the operation of the 
>>Internet's identifiers is incorrect. Such a 
>>focus is simply too narrow, driven and 
>>suggested by a small group of mainly 
>>non-minority individuals who appear to support 
>>the financial interests of their group, and 
>>their group alone. This entirely monetary focus 
>>is contrary to ICANN's desire to facilitate 
>>discussion by all internet users in matters of 
>>national internet policy development.
>>Here are some other factors:
>>"Security and Stability"
>>"Diversity - income, gender race."
>>"Competition, Consumer Trust and Consumer 
>>Choice" Clearly, the order will impact each of 
>>these areas separately and jointly.
>>I suggest a formal process for obtaining 
>>opinions from the At-large group about 
>>perspective on the proposed FCC policy, not 
>>short circuiting discussion by listening to the 
>>opinions of a small group of insiders.
>>In other words, why don't we ask people what 
>>they think, instead of telling them that the FCC policy is irrelevant?
>>On Mon, Dec 4, 2017 at 10:08 PM, William 
>>Michael Cunningham 
>><<mailto:williamcunningham840 at gmail.com> 
>>williamcunningham840 at gmail.com> wrote:
>>Clearly, you have not looked at this or the 
>>previous order and I have no interest in doing 
>>it for you. I'd also suggest you look at the 
>>video of the prior net neutrality hearing under 
>>the previous Chair. Since I was at that 
>>meeting, I can confirm that your concerns were noted quite indelibly.
>>On Dec 4, 2017 10:01 PM, "John R. Levine" 
>><<mailto:johnl at iecc.com>johnl at iecc.com> wrote:
>>Interesting. Suggest you look again.
>>Thanks for confirming that we have both looked 
>>at each of the 125 paragraphs of the FCC's 
>>recent order, as well as Appendices A and B, 
>>and the statements of the various commissioners 
>>and we agree that there is nothing affecting 
>>the operation of the Internet's identfiers that would be relevant to ICANN.
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