The legitimacy of the ICANN multistakeholder model and its governance framework are facing an existential threat requiring immediate attention. The recently announced results of the ICANN Nominating Committee highlight how the ICANN Board is captured by “affiliated” directors, which threatens its independence and ability to act for the public interest.

Another ICANN Inaction Removing Accountability

My recent communication to the ICANN Board Chair details how the ICANN Board’s failure to act to implement safeguards called upon by the two previous Nominating Committee Independent Review panels led to the capture of the ICANN Board by “affiliated” directors. This dangerous trend further supports the concerns of those who believe that ICANN has become a de facto trade association with a very thin veneer of multistakeholderism.

This latest action on the heels of the suspension of bylaws-mandated reviews highlights a troubling trend away from the safeguards that were carefully negotiated during the IANA transition, which eroded US oversight of ICANN. See ICANN is Broken.

A Bold Call to Action

To change course, I recommend the bifurcation of the roles of ICANN Secretary and ICANN General Counsel. Currently, these two positions have been held by the same person (John Jeffrey) for the past 23 years. Due to the backlog of legal issues that ICANN’s General Counsel regularly faces, I’ve observed that governance issues repeatedly find themselves pushed to the back burner, for example, the suspension of ATRT4 and the suspension of the third Nominating Committee Independent Review. With the pending commencement of the next round of new gTLDs there is some unknown .XXX or .AMAZON surprise that will likely consume all of ICANN legal’s bandwidth. At this critical juncture in ICANN’s continued evolution, the ICANN Board and Community need a dedicated, independent, and qualified ICANN Secretary to ensure that essential governance issues do not fall through the cracks.

Unaffiliated Directors Unfairly Impacted

I want to offer my apologies in advance to certain ICANN Board directors, who may become collateral damage in highlighting the deficiencies of the Nominating Committee process. I believe that Chris and Sajid are the type of blue-chip “unaffiliated” directors that ICANN so desperately needs on its board and would encourage anyone questioning this statement to read the first and second Independent Nominating Committee reviews. While it was encouraging to see Sajid get a second chance on the ICANN Board, unfortunately, Chris did not get that same opportunity. In his single term as an “unaffiliated” director, Chris rose to the level of Vice-Chair and served on the CEO Search Committee. Sadly, his thought and governance leadership will be sorely missed on the ICANN Board.

Constance and Raul are two accomplished professionals who have dedicated a majority of their professional careers to advocating for the ICANN and Internet Governance multistakeholder model. Constance and Raul both served as senior ISOC Vice Presidents and were members of the Internet Governance Forum (IGF) Multistakeholder Advisory Group (MAG). In my humble opinion, both are qualified to serve on the ICANN Board as “affiliated” directors. In fact, the second independent Nominating Committee review pushed back on the first independent Nominating Committee review, which alluded to all eight Nominating Committee Board selectees being “unaffiliated.” It is concerning that next year’s ICANN Board will have only two “unaffiliated” directors, given the current geopolitical environment in which ICANN finds itself. Having a dedicated, independent, and qualified ICANN Secretary may be the only way ICANN can navigate these treacherous waters successfully.

Next Steps

The ICANN Board is meeting at a workshop later this week and at the ICANN annual meeting in Dublin next month. Hopefully, the ICANN Board can take specific steps to address these critical governance deficiencies before it is too late.