Annex 05 Details on Recommendation #5: Changing Aspects of ICANN s Mission, Commitments and Core Values

Transcription

1 Annex 05 - Recmmendatin #5 Annex 05 Details n Recmmendatin #5: Changing Aspects f ICANN s Missin, Cmmitments and Cre Values 1. Summary 1 The CCWG-Accuntability is recmmending changes t the ICANN Bylaws t assure that the Bylaws reflect the CCWG-Accuntability recmmendatins. Nte: The language prpsed in this recmmendatin fr ICANN Bylaw revisins is cnceptual in nature at this stage. External legal cunsel and the ICANN legal team will draft final language fr these revisins t the Articles f Incrpratin and Bylaws. 2 Missin Statement 3 The CCWG-Accuntability recmmends the fllwing changes t ICANN s Missin Statement, (Bylaws, Article I, Sectin 1): Clarify that ICANN s Missin is limited t crdinating the develpment and implementatin f plicies that are designed t ensure the stable and secure peratin f the Dmain Name System and are reasnably necessary t facilitate its penness, interperability, resilience, and/r stability. Clarify that ICANN s Missin des nt include the regulatin f services that use the Dmain Name System r the regulatin f the cntent these services carry r prvide. Clarify that ICANN s pwers are enumerated. Simply, this means that anything that is nt articulated in the Bylaws is utside the scpe f ICANN s authrity. Nte: This des nt mean ICANN s pwers can never evlve. Hwever it ensures that any changes will be deliberate and supprted by the cmmunity. 4 Cre Values 5 The CCWG-Accuntability recmmends the fllwing changes t ICANN s Cre Values (Bylaws, Article I, Sectin 2 and Article II, Sectin 3): Divide ICANN s existing Cre Values prvisins int Cmmitments and Cre Values. Incrprate ICANN s bligatin t perate fr the benefit f the Internet cmmunity as a whle, and t carry ut its activities in accrdance with applicable law and internatinal law and cnventins thrugh pen and transparent prcesses that enable cmpetitin int the Bylaws. Nte: These bligatins are currently cntained in ICANN s Articles f Incrpratin. 30 Nvember

2 Annex 05 - Recmmendatin #5 Designate certain Cre Values as Cmmitments. ICANN s Cmmitments will include the values that are fundamental t ICANN s peratin, and are intended t apply cnsistently and cmprehensively. Cmmitments will include ICANN s bligatins t: Preserve and enhance the stability, reliability, security, glbal interperability, resilience, and penness f the DNS and the Internet; Limit its activities t thse within ICANN s Missin that require, r significantly benefit frm, glbal crdinatin; Emply pen, transparent, bttm-up, multistakehlder prcesses; and Apply plicies cnsistently, neutrally, bjectively and fairly, withut singling any party ut fr discriminatry treatment. Slightly mdify the remaining Cre Values t: Reflect varius prvisins in the Affirmatin f Cmmitments, such as efficiency, peratinal excellence, and fiscal respnsibility. Add an bligatin t avid capture. 6 Balancing r Recnciliatin Test 7 The CCWG-Accuntability recmmends mdificatin t the balancing language in the ICANN Bylaws t clarify the manner in which this balancing r recnciliatin takes place. Specifically: These Cmmitments and Cre Values are intended t apply in the bradest pssible range f circumstances. The Cmmitments reflect ICANN s fundamental cmpact with the glbal Internet cmmunity and are intended t apply cnsistently and cmprehensively t ICANN s activities. The specific way in which Cre Values apply, individually and cllectively, t each new situatin may depend n many factrs that cannt be fully anticipated r enumerated. Situatins may arise in which perfect fidelity t all Cre Values simultaneusly is nt pssible. In any situatin where ne Cre Value must be recnciled with anther, ptentially cmpeting Cre Value, the balancing must further an imprtant public interest gal within ICANN s Missin that is identified thrugh the bttm-up, multistakehlder prcess. 8 Fundamental Bylaws Prvisins 9 The CCWG-Accuntability recmmends that the revised Missin Statement, Cmmitments and Cre Values be cnstituted as Fundamental Bylaws. (See: Recmmendatin #3: Redefining ICANN s Bylaws as Standard Bylaws and Fundamental Bylaws ) 2. CCWG-Accuntability Recmmendatins 10 Mdify ICANN s Fundamental Bylaws t implement the fllwing: 30 Nvember

3 Annex 05 - Recmmendatin #5 Clarify that ICANN s Missin is limited t crdinating the develpment and implementatin f plicies that are designed t ensure the stable and secure peratin f the Dmain Name System and are reasnably necessary t facilitate its penness, interperability, resilience, and/r stability. Clarify that ICANN s Missin des nt include the regulatin f services that use the Dmain Name System r the regulatin f the cntent these services carry r prvide. Clarify that ICANN s pwers are enumerated. Simply, this means that anything that is nt articulated in the Bylaws is utside the scpe f ICANN s authrity. Divide ICANN s existing Cre Values prvisins int Cmmitments and Cre Values. Designate certain Cre Values as Cmmitments. Slightly mdify ICANN s remaining Cre Values. Mdify the balancing language in the ICANN Bylaws t clarify the manner in which this balancing r recnciliatin takes place. Cnstitute the revised Missin Statement, Cmmitments and Cre Values as Fundamental Bylaws. 11 Nte: Specific recmmendatins n hw t implement these mdificatins can be fund at the end f the next sectin. 3. Detailed Explanatin f Recmmendatins 12 Backgrund 13 T whm is ICANN accuntable? Fr what is it accuntable? Thse questins were a necessary starting pint fr the wrk f the CCWG-Accuntability, and the answers infrm all f ur recmmendatins. Our wrk n the Independent Review Prcess attempts t answer the first questin. The Bylaws changes recmmended here are designed t answer the secnd. Mst imprtant, ICANN has a limited Missin, and it must be accuntable fr actins that exceed the scpe f its Missin. In undertaking its Missin, ICANN is als bligated t adhere t plicy supprted by cmmunity cnsensus and an agreed-upn standard f behavir, articulated thrugh its Cmmitments and Cre Values. Taken tgether, the prpsed Missin, Cmmitments, and Cre Values statement articulate the standard against which ICANN s behavir can be measured and t which it can be held accuntable. Because these Bylaws prvisins are fundamental t ICANN s accuntability, we prpse that they be adpted as Fundamental Bylaws that can nly be changed with the apprval f the cmmunity subject t prcedural and substantive safeguards. 14 Missin and Cre Values 15 ICANN s current Bylaws cntain: 30 Nvember

4 Annex 05 - Recmmendatin #5 a Missin statement a statement f Cre Values; and a prvisin prhibiting plicies and practices that are inequitable r single ut any party fr disparate treatment. 16 These three sectins are at the heart f ICANN s accuntability because they bligate ICANN t act nly within the scpe f its limited Missin, and t cnduct its activities in accrdance with certain fundamental principles. As such, these three sectins als prvide a standard against which ICANN s cnduct can be measured and held accuntable thrugh existing and enhanced mechanisms such as the Independent Review Prcess and the Request fr Recnsideratin prcess Based n cmmunity input and CCWG-Accuntability discussins, it was cncluded that these ICANN Bylaw prvisins, which were riginally adpted in 2003, shuld be strengthened and enhanced t prvide greater assurances that ICANN is accuntable t its stakehlders and the glbal Internet cmmunity. 18 In particular, the CCWG-Accuntability fund that: ICANN s Missin statement needed clarificatin with respect t the scpe f ICANN s plicy authrity. The language in the Bylaws describing hw ICANN shuld apply its Cre Values was weak and culd permit ICANN decisin-makers t exercise excessive discretin. The current Bylaws did nt reflect key elements f the Affirmatin f Cmmitments. The Bard shuld have nly a limited ability t change these key accuntability prvisins f ICANN s Bylaws. 19 The CCWG-Accuntability recmmendatins t change aspects f ICANN s Missin, Cmmitments and Cre Values are t address the deficiencies described abve. The CCWG- Accuntability discussed hw t balance the needs f limiting ICANN s Missin and the necessary ability f the rganizatin t adjust t a changing envirnment. 1 The current relevant language n this in the ICANN Bylaws was adpted in Nvember

5 Annex 05 - Recmmendatin #5 20 Missin Statement 21 The CCWG-Accuntability recmmends the fllwing changes t ICANN s Missin Statement, (Bylaws, Article I, Sectin 1): Clarify that ICANN s Missin is limited t crdinating the develpment and implementatin f plicies that are designed t ensure the stable and secure peratin f the Dmain Name System and are reasnably necessary t facilitate its penness, interperability, resilience, and/r stability. Clarify that ICANN s Missin des nt include the regulatin f services that use the Dmain Name System r the regulatin f the cntent these services carry r prvide. Clarify that ICANN s pwers are enumerated. Simply, this means that anything that is nt articulated in the Bylaws is utside the scpe f ICANN s authrity. Nte: This des nt mean ICANN s pwers can never evlve, hwever it ensures that any changes will be deliberate and supprted by the cmmunity. 22 Cre Values 30 Nvember

6 Annex 05 - Recmmendatin #5 23 The CCWG-Accuntability recmmends the fllwing changes t ICANN s Cre Values (Bylaws, Article I, Sectin 2 and Article II, Sectin 3): Divide ICANN s existing Cre Values prvisins int Cmmitments and Cre Values. Incrprate ICANN s bligatin t perate fr the benefit f the Internet cmmunity as a whle, and t carry ut its activities in accrdance with applicable law and internatinal law and cnventins thrugh pen and transparent prcesses that enable cmpetitin int the Bylaws. Nte: These bligatins are currently cntained in ICANN s Articles f Incrpratin. Designate certain Cre Values as Cmmitments. ICANN s Cmmitments will include the values that are fundamental t ICANN s peratin, and are intended t apply cnsistently and cmprehensively. Cmmitments will include ICANN s bligatins t: Preserve and enhance the stability, reliability, security, glbal interperability, resilience, and penness f the DNS and the Internet; Limit its activities t thse within ICANN s Missin that require r significantly benefit frm glbal crdinatin; Emply pen, transparent, bttm-up, multistakehlder prcesses; and Apply plicies cnsistently, neutrally, bjectively and fairly, withut singling any party ut fr discriminatry treatment. Slightly mdify the remaining Cre Values t: Reflect varius prvisins in the Affirmatin f Cmmitments, such as efficiency, peratinal excellence, and fiscal respnsibility. Add an bligatin t avid capture. 24 Balancing r Recnciliatin Test 25 The CCWG-Accuntability recmmends mdificatin t the balancing language in the ICANN Bylaws t clarify the manner in which this balancing r recnciliatin takes place. Specifically: These Cmmitments and Cre Values are intended t apply in the bradest pssible range f circumstances. The Cmmitments reflect ICANN s fundamental cmpact with the glbal Internet cmmunity and are intended t apply cnsistently and cmprehensively t ICANN s activities. The specific way in which Cre Values apply, individually and cllectively, t each new situatin may depend n many factrs that cannt be fully anticipated r enumerated. Situatins may arise in which perfect fidelity t all Cre Values simultaneusly is nt pssible. In any situatin where ne Cre Value must be recnciled with anther, ptentially cmpeting Cre Value, the balancing must further an imprtant public interest gal within ICANN s Missin that is identified thrugh the bttm-up, multistakehlder prcess. 26 Fundamental Bylaws Prvisins 30 Nvember

7 Annex 05 - Recmmendatin #5 27 The CCWG-Accuntability recmmends that the revised Missin Statement, Cmmitments and Cre Values be cnstituted as Fundamental Bylaws. (See: Recmmendatin #3: Redefining ICANN s Bylaws as Standard Bylaws and Fundamental Bylaws ) 4. Changes frm the Secnd Draft Prpsal n Wrk Stream 1 Recmmendatins 28 The CCWG-Accuntability attempted t minimize changes t current ICANN Bylaw language. In the frthcming charts, the CCWG-Accuntability has included a redline f the existing Bylaw language t shw its prpsed changes Prpsed language change ---- Prpsed language mve ---- Ntes, Explanatin Existing Bylaws 2 nd Draft Prpsal 3 rd Draft Prpsal The missin f The Internet Crpratin fr Assigned Names and Numbers ("ICANN") is t crdinate, at the verall level, the glbal Internet's systems f unique identifiers, and in particular t ensure the stable and secure peratin f the Internet's unique identifier systems. In particular, ICANN: The Missin f The Internet Crpratin fr Assigned Names and Numbers ("ICANN") is t crdinate, at the verall level, the glbal Internet's systems f unique identifiers, and in particular t ensure the stable and secure peratin f the Internet's unique identifier systems. In particular, ICANN: The Missin f The Internet Crpratin fr Assigned Names and Numbers ("ICANN") is t supprt, at the verall level, cre Internet registries, and in particular t ensure the stable and secure peratin f the Internet's unique identifier systems as described belw. In particular, Specifically, ICANN: 1. Crdinates the allcatin and assignment f the three sets f unique identifiers fr the Internet, which are: a. [Crdinates the allcatin and assignment f] Dmain names (frming a system referred t as "DNS"); 1. Crdinates the allcatin and assignment f the three sets f unique identifiers fr the Internet, which are: a. [Crdinates the allcatin and assignment f] Dmain names (frming a system referred t as "DNS"); This language has been mdified and distributed ver the specific functins. See belw. 1. Crdinates the allcatin and assignment f names in the rt zne f the Dmain Name System ("DNS"). In this rle, ICANN s Missin is t crdinate the develpment and implementatin f plicies: Fr which unifrm r crdinated reslutin is reasnably necessary t 30 Nvember

8 Annex 05 - Recmmendatin #5 Existing Bylaws 2 nd Draft Prpsal 3 rd Draft Prpsal facilitate the penness, interperability, resilience, security and/r stability: That are develped thrugh a bttm-up, cnsensusbased multi-stakehlder prcess and designed t ensure the stable and secure peratin f the Internet s unique names systems. 2. Crdinates the peratin and evlutin f the DNS rt name server system. b. [Crdinates the allcatin and assignment f] Internet prtcl ("IP") addresses and autnmus system ("AS") numbers; and 2. Crdinates the peratin and evlutin f the DNS rt name server system. b. [Crdinates the allcatin and assignment f] Internet prtcl ("IP") addresses and autnmus system ("AS") numbers; and 2. Crdinates the peratin and evlutin f the DNS rt name server system. In this rle, ICANN s Missin is t [t be prvided by RSSAC]. 3. Crdinates the allcatin and assignment at the tp-mst level f Internet Prtcl ("IP") and Autnmus System ("AS") numbers. ICANN s Missin is described in the ASO MU between ICANN and RIRs. c. [Crdinates the allcatin and assignment f] Prtcl prt and parameter numbers. c. [Crdinates the allcatin and assignment f] Prtcl prt and parameter numbers. 4. Cllabrates with ther bdies as apprpriate t publish cre registries needed fr the functining f the Internet. In this rle, with respect t prtcl prts and parameters, ICANN's Missin is t prvide registratin services and pen access fr registries in the public dmain requested by Internet prtcl develpment rganizatins, such as the Internet Engineering Task Frce. 3. Crdinates plicy develpment reasnably and apprpriately related t these technical functins. 3. Crdinates plicy develpment reasnably and apprpriately related t these technical functins. The chapeau has been deleted and the remai distributed as shwn abve in BLUE. 30 Nvember

9 Annex 05 - Recmmendatin #5 Existing Bylaws 2 nd Draft Prpsal 3 rd Draft Prpsal a. In this rle, with respect t dmain names, ICANN s Missin is t crdinate the develpment and implementatin f plicies: Fr which unifrm r crdinated reslutin is reasnably necessary t facilitate the penness, interperability, resilience, security and/r stability f the DNS; and That are develped thrugh a bttm-up, cnsensus-based multistakehlder prcess and designed t ensure the stable and secure peratin f the Internet s unique names systems. b. In this rle, with respect t IP addresses and AS numbers, ICANN s Missin is described in the ASO MU between ICANN and RIRs. c. In this rle, with respect t prtcl prt and parameter numbers, ICANN s Missin is t [t be prvided by the IETF]. [IN MOU AND SUPPLEMENTAL AGREEMENTS WITH ] d. In this rle, with respect t the DNS rt server system, ICANN s Missin is t [t be prvided by rt server peratrs]. ICANN shall have n pwer t act ther than in accrdance with, and as reasnably apprpriate t achieve its Missin. ICANN shall have n pwer t act strictly ther than in accrdance with, and nly as reasnably apprpriate t achieve its Missin. Withut in any way limiting the freging abslute prhibitin, ICANN shall nt regulate services that use the Internet's Withut in any way limiting the freging abslute prhibitin, ICANN shall nt impse regulatins n services that use 30 Nvember

10 Annex 05 - Recmmendatin #5 Existing Bylaws 2 nd Draft Prpsal 3 rd Draft Prpsal unique identifiers, r the cntent that such services carry r prvide. the Internet s unique identifiers, r the cntent that such services carry r prvide. ICANN shall have the ability t negtiate, enter int and enfrce agreements with cntracted parties in furtherance service f its Missin. Nte t drafters: In crafting prpsed Bylaws language t reflect this Missin Statement, the CCWG wishes the drafters t reflect the fllwing cnsideratins: 1. The prhibitin n the regulatin f cntent is nt intended t prevent ICANN plicies frm taking int accunt the use f dmain names as identifiers in varius natural languages. 2. The issues identified in Specificatin 1 t the Registry Agreement and Specificatin 4 t the Registrar Accreditatin Agreement (the s-called Picket Fence ) are intended and understd t be within the scpe f ICANN s Missin. A side-by-side cmparisn f the frmulatin f the Picket Fence in the respective agreements is attached fr reference. 3. Fr the avidance f uncertainty, the language f existing registry agreements and registrar accreditatin agreements shuld be grandfathered. 4. The CCWG-Accuntability 30 Nvember

11 Annex 05 - Recmmendatin #5 Existing Bylaws 2 nd Draft Prpsal 3 rd Draft Prpsal anticipates that the drafters may need t mdify prvisins f the Articles f Incrpratin t align with the revised Bylaws. Current 2 nd Draft Bylaws Prpsal 3 rd Draft Prpsal (changes frm 2 nd Draft Prpsal in RED) Sectin 2. CORE VALUES In perfrming its missin, the fllwing cre values shuld guide the decisins and actins f ICANN: Sectin 2. COMMITMENTS & CORE VALUES In carrying ut its Missin, ICANN will act in a manner that cmplies with and reflects ICANN s Cmmitments and respects ICANN s Cre Values, bth described belw. Sectin 2. COMMITMENTS & CORE VALUES In carrying ut its Missin, ICANN will act in a manner that cmplies with and reflects ICANN s Cmmitments and respects ICANN s Cre Values, bth described belw. 30 Nvember

12 Annex 05 - Recmmendatin #5 1. Preserving and enhancing the peratinal stability, reliability, security, and glbal interperability f the Internet. 2. Respecting the creativity, innvatin, and flw f infrmatin made pssible by the Internet by limiting ICANN's activities t thse matters within ICANN's missin requiring r significantly benefiting frm glbal crdinatin. COMMITMENTS 1. In perfrming its Missin, ICANN must perate in a manner cnsistent with its Bylaws fr the benefit f the Internet cmmunity as a whle, carrying ut its activities in cnfrmity with relevant principles f internatinal law and internatinal cnventins, and applicable lcal law and thrugh pen and transparent prcesses that enable cmpetitin and pen entry in Internet-related markets. Specifically, ICANN s actin must: 2. Preserve and enhance the neutral and judgment free peratin f the DNS, and the peratinal stability, reliability, security, glbal interperability, resilience, and penness f the DNS and the Internet; 3. Maintain the capacity and ability t crdinate the DNS at the verall level and t wrk fr the maintenance f a single, interperable Internet; 4. Respect the creativity, innvatin, and flw f infrmatin made pssible by the Internet by limiting ICANN's activities t matters that are within ICANN s Missin and require r significantly benefit frm glbal crdinatin; COMMITMENTS 1. In perfrming its Missin, ICANN must perate in a manner cnsistent with its Bylaws fr the benefit f the Internet cmmunity as a whle, carrying ut its activities in cnfrmity with relevant principles f internatinal law and internatinal cnventins, and applicable lcal law and thrugh pen and transparent prcesses that enable cmpetitin and pen entry in Internet-related markets. Specifically, ICANN s actin must: 2. Preserve and enhance the neutral and judgment free peratin f the DNS, and the peratinal stability, reliability, security, glbal interperability, resilience, and penness f the DNS and the Internet; 3. Maintain the capacity and ability t crdinate the DNS at the verall level and t wrk fr the maintenance f a single, interperable Internet; 4. Respect the creativity, innvatin, and flw f infrmatin made pssible by the Internet by limiting ICANN's activities t matters that are within ICANN s Missin and require r significantly benefit frm glbal crdinatin; 30 Nvember

13 Annex 05 - Recmmendatin #5 7. Emplying pen and transparent plicy develpment mechanisms that (i) prmte wellinfrmed decisins based n expert advice, and (ii) ensure that thse entities mst affected can assist in the plicy develpment prcess. 5. Emply pen, transparent and bttm-up, multistakehlder plicy develpment prcesses, led by the private sectr, including business stakehlders, civil sciety, the technical cmmunity, and academia that (i) seek input frm the public, fr whse benefit ICANN shall in all events act, (ii) prmte well-infrmed decisins based n expert advice, and (iii) ensure that thse entities mst affected can assist in the plicy develpment prcess; 5. Emply pen, transparent and bttm-up, multistakehlder plicy develpment prcesses, led by the private sectr, including business stakehlders, civil sciety, the technical cmmunity, academia, and end users, while duly taking int accunt the public plicy advice f gvernments and public authrities that (i) seek input frm the public, fr whse benefit ICANN shall in all events act, (ii) prmte wellinfrmed decisins based n expert advice, and (iii) ensure that thse entities mst affected can assist in the plicy develpment prcess; 8. Making decisins by applying dcumented plicies neutrally and bjectively, with integrity and fairness. (Frm ARTICLE II, Sectin 3. NON- DISCRIMINATORY TREATMENT) ICANN shall nt apply its standards, plicies, prcedures, r practices inequitably r single ut any particular party fr disparate treatment unless justified by substantial and reasnable cause, such as the prmtin f effective cmpetitin. 10. Remaining accuntable t the Internet cmmunity thrugh mechanisms that enhance ICANN's effectiveness. 6. Make decisins by applying dcumented plicies cnsistently, neutrally, bjectively, and fairly, withut singling ut any particular party fr discriminatry treatment; 7. Remain accuntable t the Internet Cmmunity thrugh mechanisms defined in the Bylaws that enhance ICANN s effectiveness. 6. Make decisins by applying dcumented plicies cnsistently, neutrally, bjectively, and fairly, withut singling ut any particular party fr discriminatry treatment; 7. Remain accuntable t the Internet Cmmunity thrugh mechanisms defined in the Bylaws that enhance ICANN s effectiveness. 30 Nvember

14 Annex 05 - Recmmendatin #5 Cre Values: 1. In perfrming its Missin, the fllwing cre values shuld als guide the decisins and actins f ICANN: 1. In perfrming its Missin, the fllwing cre values shuld als guide the decisins and actins f ICANN: 3. T the extent feasible and apprpriate, delegating crdinatin functins t r recgnizing the plicy rle f ther respnsible entities that reflect the interests f affected parties. 4. Seeking and supprting brad, infrmed participatin reflecting the functinal, gegraphic, and cultural diversity f the Internet at all levels f plicy develpment and decisin-making. 2. Delegating crdinatin functins t r recgnizing the plicy rle f ther respnsible entities that reflect the interests f affected parties and the rles f bth ICANN s internal bdies and external expert bdies; 2. Seeking and supprting brad, infrmed participatin reflecting the functinal, gegraphic, and cultural diversity f the Internet at all levels f plicy develpment and decisin-making t ensure that the bttm-up, multistakehlder plicy develpment prcess is used t ascertain the glbal public interest and that thse prcesses are accuntable and transparent; 2. T the extent feasible and apprpriate, delegating crdinatin functins t r recgnizing the plicy rle f ther respnsible entities that reflect the interests f affected parties and the rles f bth ICANN s internal bdies and external expert bdies; 3. Seeking and supprting brad, infrmed participatin reflecting the functinal, gegraphic, and cultural diversity f the Internet at all levels f plicy develpment and decisin-making t ensure that the bttm-up, multistakehlder plicy develpment prcess is used t ascertain the glbal public interest and that thse prcesses are accuntable and transparent; 5. Where feasible and apprpriate, depending n market mechanisms t prmte and sustain a cmpetitive envirnment. 4. Depending n market mechanisms t prmte and sustain a healthy cmpetitive envirnment in the DNS market. 4. Depending n market mechanisms t prmte and sustain a healthy cmpetitive envirnment in the DNS market. 30 Nvember

15 Annex 05 - Recmmendatin #5 6. Intrducing and prmting cmpetitin in the registratin f dmain names where practicable and beneficial in the public interest. 5. Intrducing and prmting cmpetitin in the registratin f dmain names where practicable and beneficial in the public interest as identified thrugh the bttm-up, multistakehlder plicy develpment prcess. 5. Intrducing and prmting cmpetitin in the registratin f dmain names where practicable and beneficial in the public interest as identified thrugh the bttm-up, multistakehlder plicy develpment prcess. 9. Acting with a speed that is respnsive t the needs f the Internet while, as part f the decisin-making prcess, btaining infrmed input frm thse entities mst affected. 6. Operate with efficiency and excellence, in a fiscally respnsible and accuntable manner and at a speed that is respnsive t the needs f the glbal Internet cmmunity. 6. Operate with efficiency and excellence, in a fiscally respnsible and accuntable manner and at a speed that is respnsive t the needs f the glbal Internet cmmunity. 11. While remaining rted in the private sectr, recgnizing that gvernments and public authrities are respnsible fr public plicy and duly taking int accunt gvernments' r public authrities' recmmendatins. 7. While remaining rted in the private sectr, including business stakehlders, civil sciety, the technical cmmunity, and academia, recgnizing that gvernments and public authrities are respnsible fr public plicy and duly taking int accunt the public plicy advice f gvernments and public authrities. 7. While remaining rted in the private sectr, including business stakehlders, civil sciety, the technical cmmunity, academia, and end users, recgnizing that gvernments and public authrities are respnsible fr public plicy and duly taking int accunt the public plicy advice f gvernments and public authrities. 8. Striving t achieve a reasnable balance between the interests f different stakehlders. 8. Striving t achieve a reasnable balance between the interests f different stakehlders. 30 Nvember

16 Annex 05 - Recmmendatin #5 These cre values are deliberately expressed in very general terms, s that they may prvide useful and relevant guidance in the bradest pssible range f circumstances. Because they are nt narrwly prescriptive, the specific way in which they apply, individually and cllectively, t each new situatin will necessarily depend n many factrs that cannt be fully anticipated r enumerated; and because they are statements f principle rather than practice, situatins will inevitably arise in which perfect fidelity t all eleven cre values simultaneusly is nt pssible. Any ICANN bdy making a recmmendatin r decisin shall exercise its judgment t determine which cre values are mst relevant and hw they apply t the specific circumstances f the case at hand, and t determine, if necessary, an apprpriate and defensible balance amng cmpeting values. These Cmmitments and Cre Values are intended t apply in the bradest pssible range f circumstances. The Cmmitments reflect ICANN s fundamental cmpact with the glbal Internet cmmunity and are intended t apply cnsistently and cmprehensively t ICANN s activities. The specific way in which Cre Values apply, individually and cllectively, t each new situatin may depend n many factrs that cannt be fully anticipated r enumerated. Situatins may arise in which perfect fidelity t all Cre Values simultaneusly is nt pssible. In any situatin where ne Cre Value must be recnciled with anther, ptentially cmpeting Cre Value, the balancing must further an imprtant public interest gal within ICANN s Missin that is identified thrugh the bttm-up, multistakehlder prcess. These Cmmitments and Cre Values are intended t apply in the bradest pssible range f circumstances. The Cmmitments reflect ICANN s fundamental cmpact with the glbal Internet cmmunity and are intended t apply cnsistently and cmprehensively t ICANN s activities. The specific way in which Cre Values apply, individually and cllectively, t each new situatin may depend n many factrs that cannt be fully anticipated r enumerated. Situatins may arise in which perfect fidelity t all Cre Values simultaneusly is nt pssible. In any situatin where ne Cre Value must be recnciled with anther, ptentially cmpeting Cre Value, the balancing must further an imprtant public interest gal within ICANN s Missin that is identified thrugh the bttm-up, multistakehlder prcess. 30 Nvember

17 Annex 05 - Recmmendatin #5 5. Stress Tests Related t this Recmmendatin ST17: respnd t frmal advice frm ACs (ie SSAC) ST23 (enfrcement / cntracts) 6. Hw des this meet the CWG-Stewardship Requirements? 29 N/A 7. Hw des this address NTIA Criteria? 30 Supprt and enhance the multistakehlder mdel Ensuring the multistakehlder mdel accuntability mechanisms cannt be mdified withut the Empwered Cmmunity s apprval. 31 Maintain the security, stability, and resiliency f the Internet DNS Establishing Fundamental Bylaws that prvide additinal prtectins t ICANN Bylaws that are critical t the rganizatin s stability and peratinal cntinuity 32 Meet the needs and expectatin f the glbal custmers and partners f the IANA services N/A 33 Maintain the penness f the Internet N/A 34 NTIA will nt accept a prpsal that replaces the NTIA rle with a gvernment-led r an inter-gvernmental rganizatin slutin N/A 30 Nvember