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Internet Corporation for Assigned Names and Numbers

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Proposal for Discussion: Establish additional accountability mechanisms that allow the community to request reconsideration of a decision from the Board, and, as an ultimate sanction, to remove the Board collectively and reconstitute it.

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3. Meeting the Needs of the Global Internet Community of the Future

3.1. ICANN is a California-based not-for-profit organization. This fact will not change.

3.2. At the same time ICANN is a global organization with stakeholders in all regions of the world

3.3. When ICANN was launched almost ten years ago, the full extent of the Internet’s promise as a critical communications infrastructure of the world was just beginning to be understood. Today, the Internet reaches more than one billion users. The next billion users will come from those regions of the world where the Internet is currently less prevalent – Africa, Latin America, Asia and Eastern Europe.

3.4. ICANN is already addressing some of these challenges in its structure. Its bylaws establish geographical diversity in terms of the composition of its board and other structures. As ICANN has expanded its staff, it has taken steps to also ensure its global diversity. ICANN is also on the verge of introducing internationalized domain names.

3.5. During its consultations (not only recently but over the last two years), the PSC has received input from global stakeholders external to the United States that ICANN should also be represented in other jurisdictions. The PSC believes that that it would assist increase the credibility of ICANN’s claim to be an entity serving a global community for ICANN to have representation in other countries additional to that which it will always possess in the United States.

3.6. The PSC emphasizes that an additional legal presence will strengthen ICANN's fundamental multi-stakeholder model and underline the element of public trust that is a key element of its mission. The PSC believes that such a presence is not about reducing accountability. Indeed it will provide for more acceptance and confidence in ICANN as it will have a legal personality that is additional to its US presence. There are also clear advantages to diversity and representation in having presences in additional jurisdictions as well as operational advantages in the employment of staff.

3.7. The PSC stresses that additional presences are not about building a treaty or intergovernmental organization with diplomatic immunities. ICANN - both in its US-based corporate form and any additional presence it may have globally - must remain true to the unique multi-stakeholder, “private sector led’ model that has been its hallmark from the beginning.

Proposal for discussion: ICANN should have global legal presences in addition to its headquarters established in the United States.

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4. Financial and Operational Security

4.1. The PSC believes that ICANN must always be financially and operationally secure. ICANN must continue to maintain business practices that instill confidence, certainty and stability.

4.2. The Strategic, Operating and Budget planning processes including measures such as the current Reserves Policy provide confidence that ICANN is a stable and well functioning organization. The PSC believes that these processes should be maintained and enhanced.

4.3. In addition, ICANN’s current funding is highly dependent on registries and registrars. Other funding sources need to be explored and enhanced to lessen that dependency.

Proposal for Discussion: ICANN should adopt alternative sources of funding to lessen dependence on current registry and registrar funding. ICANN should maintain and enhance existing operational planning and budgeting mechanisms.

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5. Continued Security and Stability of the Internet’s Unique Identifiers and Operational Security and Stability Of ICANN

5.1. This area relates to concern that the ICANN should always remain focused on its narrow technical mission and remain a not for profit corporation which has a mission of public trust. ICANN should be headquartered in a stable environment with a strong history of freedom of expression and a legal structure that favors competition and private sector leadership.

5.2. The PSC views these concerns as being integral to ICANN’s formation and purpose. They need to be reinforced.

5.3. ICANN has declared (through the media and other public statements) that it will not leave the United States. In addition, continuation of the US legal jurisdiction is important for the ongoing stability of the nearly 1000 contracts ICANN presently has with registries and registrars, many of them in the United States.

5.4. Furthermore, while ICANN’s mission is narrow, it is fundamental and critical to the secure and stable operation of the Internet. The PSC believes that ICANN has a responsibility to be a discussion leader and raise awareness of issues linked to stability and security of the Internet. Broader interest and concern about security and stability issues is, in the view of the PSC, an important support to the core mission, but should not result in “mission creep’.

5.5. The PSC considers the security and stability of the Internet’s unique identifiers is one of the most important aspects of ICANN’s mission. Consequently, it suggests that this be enshrined in the format of ICANN’s future strategic and operational planning.

5.6. The PSC notes that some respondents also indicated that more effective and efficient operation of the IANA function was also a necessary part of instilling confidence in a coordinated, not controlled, Internet addressing system.

5.7. The PSC believes the current IANA functions work well but is aware that many members of the community believe that they can be improved.

5.8. Under the IANA contract the PSC notes that ICANN was required to develop and implement a process for consulting with the relevant governments and ccTLD managers to encourage greater efficiency and responsiveness to these entities in processing ccTLD requests, consistent with the processing metrics. That process arrived at suggested improvements to streamline the IANA function and is presently subject to discussion between ICANN and the United States Department of Commerce.

5.9. The PSC encourages this discussion as it is focused on the automation of processes (sometimes referred to as e-IANA), with ICANN ensuring more visibility to the existing public reporting of such changes.

5.10. ICANN and Verisign signed an agreement in 2006, under which they agreed to work together to to establish a timetable for the completion of the transition to ICANN of the coordination and management of the ARPA TLD, and the root zone system, in particular to enable ICANN to edit, sign and publish the root and ARPA zones. Icann should work to implement, after discussions with Verisign and the US Department of Commerce, this “Root Server Management Transition Completion Agreement’.

Proposal for Discussion: ICANN should consider amending its bylaws to confirm that its head quarters will remain in the United States. In addition, ICANN should seek to be a thought leader on issues on security and stability issues consistent with its narrow but critical role in the secure and stable operation of the Internet, but not at the expense of causing “mission creep’. In that regard, ICANN’s bylaws should be amended to provide for the preparation of the Strategic and Operating plans in which security and stability remain a principal part. ICANN should also continue to pursue discussions with the United States Department of Commerce on the streamlining of the IANA function. Work should begin on implementing the root server management transition.

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Consultation Process on the Above Proposals for Discussion

The PSC will not be the operational arm of consultation.

ICANN’s Chief Executive Officer and President, Paul Twomey, will direct outreach, assisted by the PSC and the Board.

The President will engage relevant staff to assist him with the consultation. Public consultations on the documents will be held regionally, not only at ICANN meetings. This process will be pro-active in its outreach and engagement and not simply reliant upon public comment periods.

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