ICANN-GAC the big picture

1
ICANN-GACthe big picture

• Anthony M. Rutkowski
• Principal
• NGI Associates
• amr_at_ngi.org

This presentation and the opinions expressed are
solely those of author
2
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

3
Before ICANN-GACOrganization for Internet Names
and Numbers
Jon Postel and Joyce Reynolds
IETF32, Danvers MA, Apr 1995 Courtesy of Peter
Lothberg, www.stupi.se
4
The only real functions necessary to perform

• Keep small databases of miscellaneous protocol
  values that you dont 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

5
The ICANN-GAC Organization
V1.1 17 Sep 99
Government Advisory Committee (GAC)
Dept of Commerce
NTIA
MoU
ICANN Interim Board (10)21 permanent
CRADA
NIST
ICANN Secretariat
Plenary
GAC Secretariat(NOIE)
Fund Raising (GIP)
ltltltltltltltltltltltltltltltltltltltltltltltltlt
ltltltltltltltltltltlt
Outside CounselJones Day
Convergence AdHoc Group
ICANN Website
Member Nations ArgentinaArmeniaAustraliaYemen
(50 active, 200 potential)
Internet Assigned Numbers Authority
Comments
GAC Website
IANA Website
1 director per region (3)
Fair Practices Committee
1 director per region (3)
lt 2 directors per region (9)
Domain Name Supporting Organization
At-Large Membership non-functional
Address Supporting Organization
ccTLD registries Constituency
Names Council (19)
ccTLD Committee
3 seats
MoU Signatories(ARIN, RIPE, APNIC)
SecretariatAF NIC
At-Large Council (18)
gTLD registries Constituency
1 seat
3 each
Web site
On-line Activities
Individuals (gt5000)
Comments
Address Council (9)
Commercial and business entities Constituency
Secretariat
3 seats
WG-ADispute Resolution Policy
Comments
2 Council seats per 5 regions, 8 at-large, lt2 per
region
Announce site
Because the GAC is a closed, secret activity,
it's internal structure isn't fully known.
ISP and connectivity providers Constituency
General Assembly
General Assembly
3 seats
Comments
Comments
Argentina Armenia Australia Austria Bangladesh Bel
gium 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 Switzer
land Taiwan Tonga Tuvalu United
Kingdom USA Vatican City State Vietnam Yemen
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)
Comments
Membership Advisory Committee
WG-BFamous Trade-Marks
Non-commercial domain name holders Constituency
3 seats
Comments
Protocol Supporting Organization
Comments
MoU Signatories(ITU, ETSI, IETF, W3C)
Registrars Constituency
3 seats
WG-CNew gTLDs
Comments
Advisory Committee on Independent Review
non-functional
3 each
WG-C1
Trademark, other intellectual property and
anti-counterfeiting interests Constituency
3 seats
Comments
Comments
WG-C2
Protocol Council (12)
Secretariat
Comments
WG-C3
WG-DBusiness Plan and Internal Procedures
WG-D1
Comments
Comments
See additional detail
General Assembly
WG-D2
Comments
WG-EGlobal Awareness and Outreach
DNS Root Server Advisory Committee
Comments
Comments
Comments
www.wia.org (pink animated arrow)
6
DNSO Constituencies (Detail)
ccTLD registries Constituency
ISP and connectivity providers Constituency
gTLD registries Constituency
Commercial and business entities Constituency
Africa Group
Members(1)
Officers(3)
Administration Committee(6)
Members(23)
SecretariatCIGREF
North America Group
Members(65)
Asia Pacific Group
SecretariatAF NIC
SecretariatRIPE
1 each
Web site
Comments
Europe Group
Comments
Web site
Web site
Comments
South America Group
IATLD Group
Non-commercial domain name holders Constituency
Registrars Constituency
Trademark, other intellectual property and
anti-counterfeiting interests Constituency
SecretariatIpwarehouse
Administration Committee(5)
2 votes
Intellectual Property Constituency Council(17)
Members(60)
Large Organizations
Member Organizations(17)
Web site
Comments
1 vote
Small Organizations
SecretariatInternet Society
Secretariat?
Web site
Comments
Web site
7
ICANN-GACA 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

8
ICANN-GACFrom 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

9
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)

10
The monopoly made me do it? -)
250 TLDS in use 246 different registrars not
including COM, NET and ORG
Competing Top Level Domains
80? Registrars offering services now or within
the next quarter
COM, NET, ORG Competing Registrars
11
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, its a lightening
  rod for endless mischief