Domain Name Wire interviews ICANN CEO Rod Beckstrom.
We have a new acronym to add to the domain name lexicon: AOC, for Affirmation of Commitments.
Earlier today the Internet Corporation for Assigned Names and Numbers (ICANN) formally announced its new agreement to replace the Joint Project Agreement (JPA) with the U.S. Government.
On the surface, the AOC (pdf) sounds like a wish list of everything a domain owner could want: explanations from ICANN about how it makes particular decisions, a requirement to address important issues before releasing new gTLDs, and more openness and reviews. The problem is that the agreement lacks teeth.
I talked with ICANN CEO Rod Beckstrom this afternoon to dig into some of the details of the agreement.
Beckstrom explained that the AOC replaces the JPA, allowing for more control by world governments; not just the United States. But the AOC is just one piece of the puzzle, and the U.S. government still has a hand by awarding ICANN the Internet Assigned Number Authority (IANA) contract.
“The IANA agreement gives us the authority to be the policy function globally for internet names and numbers, and that’s what holds the web together,” explained Beckstrom. “The JPA was the review process, a separate agreement that was trying to make sure that we grew up as an organization as a multi-stakeholder body.
The AOC represents the handing off of the formal review process from the United States to the world.
But the AOC isn’t a binding contract and lacks teeth. If ICANN doesn’t fulfill its promises under the agreement, the U.S. government can’t do anything about it, other than make its voice heard on the review panels. In fact, the agreement has a clause that allows either the U.S. government or ICANN to cancel the agreement with 120 days’ notice.
“I don’t think anyone wants to see [the cancellation clause] invoked, but like any partnership agreement it’s prudent to have an out clause,” said Beckstrom.
Beckstrom explained that, as the priorities of ICANN change over the years, it may make sense for the agreement to be modified. For example, it might not make sense for frequent reviews of the effects of new TLDs ten years from now.
Section 9.3 of the AOC calls for ICANN to address many issues prior to releasing new top level domains. It’s unclear if this will slow down the introduction of new top level domains. However, “fast track” IDNs, which are essentially IDN ccTLDs, appear to be full steam ahead.
“It looks like the IDNs are tracking very much on time and feedback seems to be ubiquitously positive,” said Beckstrom.
Non ccTLD IDNs will be introduced as part of the new gTLD process.
The AOC, if followed, should be a positive thing for the domain name industry. And for those that thought the web would die when the JPA did, it appears to still be working.
George Kirikos says
As you rightly said, the “teeth” is the fact that the US government still retains 100% control over the IANA Function contract, which expires in 2011, as I discussed on the Business Constituency mailing list:
http://forum.icann.org/lists/bc-gnso/msg00483.html
That’s the contract where the true control over the root zone file is determined. I expect that the US government will retain control over the IANA function contract indefinitely, as an insurance policy in case ICANN goes rogue.
Andrew Allemann says
@ George – I agree, and ICANN rightly doesn’t want to point out the IANA contract today. It wants the world to know it’s no longer under control of the U.S. government. Perhaps more symbolic than anything else.
George Kirikos says
Andrew: Agreed, ICANN can pretend that it is master of its own destiny, but a lot remains to be seen over the coming years. The bottom-line remains that the US is in control (which is a good thing, in my opinion).
We’ll know what the new agreement really means when ICANN attempts to do controversial things. The first “test” might be over the .xxx issue, depending on the outcome of that arbitration (that might make an interesting inteview, if the ICM Registry people are in a chatty mood!).
M. Menius says
I wonder how much accountability really exists. Seems to me that ICANN’s persistent push for their windfall gTLD’s was the litmus test for whether they’re really answerable to anyone.
That so many people, high level corporations, and even government institutions spoke out together against the new gTLD’s suggest to me that ICANN will follow their own agenda while paying lip service to the majority dissenters. With no recourse … as of yet.
Domain Investor says
If they roll out the new gtlds next year and permit the price escalation clause, I assume Verisign could impliment it starting in 2011. Just about when the new contract takes effect.
And, the U.S. gov’t couldn’t prevent it. ???
Andrew Allemann says
@ Domain Investor – I think the U.S. gov. could use its muscle on the VeriSign contract. That said, the pricing clause is one of the most dangerous clauses in the new TLD contracts. Make sure to make your voice heard.