ICANN-GAC the big picture

1. ICANN-GACthe big picture Anthony M. Rutkowski Principal NGI Associates amr@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 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

5. V1.1 17 Sep 99 The ICANN-GAC Organization Government Advisory Committee (GAC) Dept of Commerce NTIA MoU ICANN Interim Board (10)[21 permanent] CRADA NIST Plenary ICANN Secretariat GAC Secretariat(NOIE) <$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$<$ Fund Raising (GIP) Outside CounselJones Day Convergence AdHoc Group ICANN Website Member Nations ArgentinaArmeniaAustralia…Yemen(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) < 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) Secretariat[AF NIC] At-Large Council (18) gTLD registries Constituency 1 seat 3 each Web site On-line Activities Individuals (>5000) Comments Address Council (9) Commercial and business entities Constituency Secretariat 3 seats Comments WG-ADispute Resolution Policy 2 Council seats per 5 regions, 8 at-large, <2 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 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 Comments 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) Membership Advisory Committee WG-BFamous Trade-Marks Non-commercial domain name holders Constituency 3 seats Comments Protocol Supporting Organization Comments Registrars Constituency MoU Signatories(ITU, ETSI, IETF, W3C) 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 gTLD registries Constituency ISP and connectivity providers Constituency Commercial and business entities Constituency Africa Group Members(1) Officers(3) Administration Committee(6) Members(23) Secretariat[CIGREF] North America Group Members(65) Asia Pacific Group Secretariat[AF NIC] Secretariat[RIPE] 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 Secretariat[Ipwarehouse] Administration Committee(5) 2 votes Members(60) Intellectual Property Constituency Council(17) Large Organizations Member Organizations(17) 1 vote Web site Comments Small Organizations Secretariat[Internet Society] Secretariat[?] Comments Web site Web site

7. 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

8. 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

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? :-) 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

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, it’s a lightening rod for endless mischief