[ga] IANA & the .US Sell-Out

[DannyYounger@cs.com]

In his article ".US Sell-Out Begins Tomorrow", Bret Fausett notes that the 
"usTLD Policy Council" that Neustar pledged to create is not yet operational. 
 

This begs the question:  How prudent was the IANA's "emergency redelegation" 
of the .us TLD, and as a matter of policy can we as an organization allow for 
such redelegations without full and due process?  

Unlike prior redelegations, wherein IANA has held that it is charged with 
seeking input from persons significantly affected by the transfer, 
particularly those within the nation or territory which the ccTLD has been 
established to benefit, this redelegation involved no such dialogue with the 
American Internet Community.  In this particular case, the U.S. Government 
dictated to the IANA that a relegation was required, and the IANA implemented 
such redelegation immediately without recourse to standard process.  Would 
the IANA bow to any such similar demand from any other government entity?  
Never.

The IANA (as noted in ICP-1) will make the view of the relevant government 
entity "a major consideration in any TLD delegation/transfer discussions", 
but it is not to be the *only* consideration.  

Having denied the American Internet Community the opportunity to offer input 
into the process, we are now stuck with an untenable situation in which 
short, memorable names that truly belong in the public realm are now to be 
sold off to speculators without the prior benefit of appropriate policy 
council guidance on the issue.  Had public input been requested prior to the 
redelegation, many such issues would long ago have already been resolved.

To whom is this IANA accountable?  Can we hold them to due process 
requirements... or does due process go out the window when the US Government 
makes its demands?  Is the ICANN Board responsible for the IANA decisions?  
Can an IANA decision be revoked, or reconsidered?  Are there any checks and 
balances that pertain to the IANA function, or is it empowered to act without 
notice-and-comment provisions?  

Any reform of the ICANN should include a reform of the IANA... either we 
consistently abide by our policies, or we become a farce to the rest of the 
world.  Ask any ccTLD manager what they think of such "emergency 
redelegations"...


  
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