I was asked by Glendronach to comment on the new arrangements whereby ICANN will be subject to new arrangements approved the by the US government. After reflection and discussion with people way more into it than I, the answer is: ICANN’s new arrangements do not matter because ICANN does not matter.
ICANN regulates the domain name system. The domain name system (DNS) is the set of names that cover over the IP addresses that actually route messages to end points.
The domain names (www.barrelstrength.com) are mnemonics – handy things to remember because humans do not remember number blocks, such as 185.086.0.349, as easily.
There are three parts to ICANN. One considers top level domains (com, net, org, biz, travel, museum and soon many more) and another considers country codes (.ca, .us, .uk. .tv., .jp etc.). ICANN’s ability to set policy over top level domains is nigh absolute, subject to its contract with the US government, exercised by the National Telecommunications Information Administration (NTIA, a part of the department of Commerce). What this means is that its ability to set policy over domain names has been and continues to be subject to the vagaries of US government policy. The fate of .xxx, the porn designation, shows clearly that US Congressmen could work through the Department of Commerce to block the introduction of a top level domain approved by ICANNs processes.
The second part considers and makes policy in relation to country codes. In this area ICANN shares jurisdiction with national states. In this area, ICANN has to listen to its Government Advisory Council, called the GAC. This puts country codes effectively outside the reach of the US Government.
Finally there is the Address Supporting Organization, the ASO, the part of ICANN that deals with routing policy, IP number assignment and autonomous system numbers.
ICANN’s authority to act here derives from a different contract with the USG. This is what is known as the IANA function, and though ICANN executes this function, it does so under completely different contractiual arrangementswith the US government. IANA stands for Internet Assigned Numbers Authority. IANA functions are conceivably detachable from ICANN functions. They are certainly handled by different institutions. Five regional internet registries (RIRs), one for each continent, hand out IP addresses and autonmous system numbers to ISPs, according to their own policies, but which are approved by the ASO and ultimately by the ICANN Board – very ultimately – in the same sense that the Bey of Algiers held office by approval of the Turkish Sultan.
Now all the heat, politics and action revolves around ICANN’s top level domain function, which is a whirlpool of process fanatics and IP lawyers vying for advantage. It sucks in people and provides a large number with employment, status, intrigue, contracts, activity and self-importance. If it all stopped tomorrow it would be months before a difference would be noticed.
Someone likened ICANN to the Emperor of China. His job is to face south, hold the throne, do nothing, be kowtowed to, and prevent inferiors from holding it. He serves who only sits and does nothing.
Since the true function of ICANN is to do nothing, the new arrangements, which allow more people to sit on Boards to review ICANNs doings every three years, also amount to more people doing nothing. ICANN’s actual contractual duties to the US government have not chnaged an iota. Now more people from different governments may get to sit on triennial reviews to review the process of doing nothing.
ICANN is a placeholder. It occupies attention while more fundamental processes go on undisturbed. So the changes to its arrangements mean very little.