Difference between revisions of "ICANN Bylaws"

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  at:12/15/2002 shift:($dx,-5) text:"[[2002 Evolution and Reform Process|Evolution & Reform Amendments]]"
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  at:06/26/2003 shift:($dx,-5) text:"[[ccNSO|Amended to form ccNSO]]"
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  at:02/28/2006 shift:($dx,-5) text:"[[CcNSO Policy Development Process - Country Codes|ccNSO structure amended]]"
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  at:08/27/2009 shift:($dx,-10) text:"[[First GNSO Organizational Review|GNSO 1 Amendments]]"
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  at:09/30/2009 shift:($dx,5) text:"Organizational Reviews every 5 years"
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  at:10/28/2010 shift:($dx,-5) text:"Creation of At-Large Director seat"
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  at:12/08/2011 shift:($dx,-10) text:"New Annex A - GNSO PDP"
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  at:04/10/2012 shift:($dx,0) text:"[[New gTLD Program]]"
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  at:07/30/2014 shift:($dx,-5) text:"Changes to GAC-related provisions"
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  from:05/27/2016 till:09/08/2019  color:iana
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  at:05/27/2016 shift:($dx,-5) text:"[[IANA Functions Stewardship Transition|IANA Transition Amendments]]"
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  from:09/08/2019 till:$now color:squo shift:($dx,0) text:"Current Bylaws"
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The '''ICANN Bylaws''' are the internal rules set forth for [[ICANN]] by the [[ICANN Board]].
+
The '''Bylaws for Internet Corporation for Assigned Names And Numbers''' is the foundational governance document for [[ICANN]].<ref name="current">[https://www.icann.org/resources/pages/governance/bylaws-en ICANN.org - Bylaws](English)</ref> The bylaws define the mission of ICANN, establish rules for the structure and operation of the [[Supporting Organizations|SOs]] and [[Advisory Committee|ACs]], and establish mechanisms for community engagement with the ICANN organization. The bylaws have undergone numerous revisions over the course of ICANN's history in response to reform efforts, [[Policy Development Process|policy development processes]], and recommendations from [[ICANN Reviews|organizational and specific reviews]].
 +
 
 +
The current version of the ICANN Bylaws can be found [https://www.icann.org/resources/pages/governance/bylaws-en here].
 +
 
 +
==Evolution Over Time==
 +
Initially, ICANN's bylaws were similar to many young nonprofit organizations, with some specialized articles. Provisions that specified procedural and operational components of the organization, that might otherwise be defined by a statutory default, were included.<ref name="ogbylaws">[https://www.icann.org/resources/unthemed-pages/bylaws-1998-11-06-en ICANN.org Archive - Original Bylaws], November 6, 1998</ref> The original bylaws anticipated the formation and operation of three supporting organizations: the [[Address Supporting Organization]], the [[Domain Name Supporting Organization]], and the [[Protocol Supporting Organization]]. In addition, the bylaws made it possible for the board to form and empower committees, and set the stage for three advisory committees to be formed: the [[Governmental Advisory Committee]], the [[Root Server System Advisory Committee]], and an advisory committee on membership, until such time as the question of At-large representation was answered satisfactorily.<ref name="ogbylaws" /> As events arose and the ICANN community became more engaged with policy development and review functions, the bylaws grew and changed to more specifically describe and define ICANN's role, obligations, and process.
 +
 
 +
===Mission and Core Values===
 +
Prior to 2002, the bylaws did not contain any mention of the organization's mission, or its core values.<ref name="ogbylaws" /> During the [[2002 Evolution and Reform Process]], the Evolution and Reform Committee (ERC) recommended the inclusion of these sections to enshrine the guiding principles and goals of ICANN in its governance documents. At the time of the December 2002 omnibus amendments to the bylaws, the mission and core values sections were added as the new Article 1.<ref name="mission02">[https://www.icann.org/resources/unthemed-pages/bylaws-2002-12-15-en#I ICANN.org Bylaws Archive - Article 1], as amended December 15, 2002</ref> The organization's mission statement was defined within the narrow scope of coordination and protection of "Internet's unique identifier systems." The article specified:
 +
<blockquote>In particular, ICANN:
 +
1. Coordinates the allocation and assignment of the three sets of unique identifiers for the Internet, which are: a. Domain names (forming a system referred to as "DNS"); b. Internet protocol ("IP") addresses and autonomous system ("AS") numbers; and c. Protocol port and parameter numbers.<br />
 +
2. Coordinates the operation and evolution of the DNS root name server system.<br />
 +
3. Coordinates policy development reasonably and appropriately related to these technical functions.<ref name="mission02" /></blockquote>
  
−
The Bylaws in full can be found [http://www.icann.org/en/general/bylaws.htm here]. A summary of each section is as follows:
+
This mission statement remained the same until the [[IANA Functions Stewardship Transition]], which among other things incorporated the [[Affirmation of Commitments]] into the bylaws, and anticipated the creation of a subsidiary entity under ICANN to manage IANA functions oversight. In October of 2016, Article 1 was amended to describe the broadened scope of ICANN's Mission:
 +
<blockquote>Specifically, ICANN:
  
−
===Article 1. Mission and Core Values===
+
    (i) Coordinates the allocation and assignment of names in the root zone of the Domain Name System ("DNS") and coordinates the development and implementation of policies concerning the registration of second-level domain names in generic top-level domains ("gTLDs"). In this role, ICANN's scope is to coordinate the development and implementation of policies:
−
====1.1 Mission====
 
−
** To coordinate the global Internet's system of identifiers (domain names/[[DNS]], [[IP Addresses]], [[AS]] numbers, and protocol port and parameter numbers), and ensure that the system is stable and secure.
 
−
* 1.2 Core Values
 
−
** Preserve and enhance operational stability, reliability, security, and global interoperability of the Internet.
 
−
** Respect the innovation, creativity, and flow of information made possible by the Internet, not interfering with such
 
−
** Delegate to other relevant entities when appropriate
 
−
** Seek and support broad, informed participation in ICANN activities
 
−
** Depend on market mechanisms to promote and sustain industry competition
 
−
** Introduce and promote competition in regards to domain name registration
 
−
** Employ open and transparent policy development mechanisms
 
−
** Make decisions neutrally, objectively, and fairly
 
−
** Act with speed while also ensuring all effective parties are provided the opportunity to input
 
−
** Remain accountable for the Internet community
 
−
** Despite being a private sector organization, respect input from public sector, including governments or other public authorities
 
  
−
====Article 2. Powers====
+
        *For which uniform or coordinated resolution is reasonably necessary to facilitate the openness, interoperability, resilience, security and/or stability of the DNS including, with respect to gTLD registrars and registries, policies in the areas described in Annex G-1 and Annex G-2; and
−
* 2.1 General Powers
+
        *That are developed through a bottom-up consensus-based multistakeholder process and designed to ensure the stable and secure operation of the Internet's unique names systems.
−
** The [[ICANN Board|Board]] shall either exercise or observe the exercising of ICANN's powers. It acts with a majority vote.
 
−
* 2.2 Restrictions
 
−
** ICANN is not a domain name [[registry]], [[registrar]], or [[IP]] address registry.
 
−
* 2.3 Non-Discriminatory Treatment
 
−
** ICANN shall not discriminate against any party.
 
  
−
====Article 3. Transparency====
+
    The issues, policies, procedures, and principles addressed in Annex G-1 and Annex G-2 with respect to gTLD registrars and registries shall be deemed to be within ICANN's Mission.
−
* 3.1 Purpose
 
−
** ICANN and its constituent bodies shall act in an open, transparent, and fair manner.
 
−
* 3.2 Website
 
−
** ICANN shall maintain a publicly accessible website
 
−
* 3.3 Manager of Public Information
 
−
** There shall be a staff position titled Manager of Public Information, whose duty it is to coordinate the various aspects of public participation, under direction of the President.
 
−
* 3.4 Meeting Notices and Agendas
 
−
** At least seven days prior to a Board Meeting, notice of the meeting and its agenda must be posted.
 
−
* 3.5 Minutes and Preliminary Reports
 
−
** All minutes of Board and Supporting Organizations meetings shall be compiled promptly, approved by the originating body, and forwarded to the ICANN Secretary for posting on the website.
 
−
** In no later than two business days, any resolutions passed by the Board shall be made publicly available on the website, except in special circumstances.
 
−
** In no later than seven business days, any actions taken by the Board as result of a meeting shall be made publicly available on the website, except in special circumstances.
 
−
** In no later than one day after they are approved, meeting minutes shall be made publicly available on the website, except in special circumstances.
 
−
* 3.6 Notice and Comment on Policy Actions
 
−
** ICANN must provide public notice on the website of policies and policy changes being considered and the reasoning behind them, at least twenty-one days prior to any action being taken. Resonable opportunities for public comment must be made prior to Board action. In the cases where policy action affect public policy concerns, the opinion of the [[GAC]] must be requested and heeded.
 
−
** When practical, an in-person public forum must be held for the discussion of proposed policy in accordance with [[ICANN Bylaws#Article 6: Board of Directors|Section 6(1)(b)]] of these Bylaws.
 
−
** After taking action, the Board must make public the meeting minutes, including the vote of each Director and any public statement they wish to include.
 
−
* 3.7 Translation of Documents
 
−
** ICANN shall facilitate the translation of final public documents into the appropriate languages, as appropriate and to the extend possible given the organization's budget.
 
  
−
====Article 4. Accountability and Review====
+
    (ii) Facilitates the coordination of the operation and evolution of the DNS root name server system.
−
* 4.1 Purpose
 
−
** This article sets forth the processes for reconsideration and independent review of ICANN's actions and the periodic review of ICANN's structure and procedures, in a way that reinforces ICANN's core values as stated in [[ICANN Bylaws#Article 1. Mission and Core Values|Article 1]], and transparency as stated in [[ICANN Bylaws#Article 3. Transparency|Article 3]] of these Bylaws.
 
−
* 4.2 Reconsideration
 
−
** ICANN shall have a process by which a person or entity can request review or reconsideration of an action that they have been affected by.
 
−
** A person or entity may submit a Reconsideration Request if he/she/it has been adversely affected by staff actions or inactions that contradict existing policy; or if an action or inaction by the ICANN Board resulted in the failure to consider submitted materials.
 
−
** The Board shall designate a [[Board Governance Committee]], whose responsibility shall be to evaluate Reconsideration Requests.
 
−
** ICANN shall absorb the normal administrative costs of a Reconsideration Request. In the case of determined extraordinary costs, the party seeking reconsideration shall have the opportunity to either withdraw the request or bear the cost.
 
−
** All Reconsideration Requests must be submitted by email within 30 days of the action or inaction requiring reconsideration.
 
−
** All Reconsideration Requests shall be posted publicly on the website.
 
−
** The BCG may request information from the Board, the requesting party, or a third party.
 
−
** The BCG must submit its considerations to the Board within ninety days of the request's submission, unless impractical. The final recommendation shall be posted on the website.
 
−
** The Board is not required to follow the considerations of the BCG. The Board's decision shall be posted on the website.
 
−
** The BCG shall submit an anual summary of all Reconsideration Requests
 
−
* 4.3 Independent Review of Board Actions
 
−
** In addition to the above reconsideration review policy, ICANN shall have a separate process for the third-party review of Board actions allegedly inconsistent with the Bylaws.
 
−
** Any person materially affected by Board decision or action that is inconsistent with the Bylaws may file for an independent review of that decision or action.
 
−
** Such requests shall be referred to the Independent Review Panel (IRP), which shall be operated by an independent, international arbitration provider (IRP Provider)
 
−
** The IRP Provider shall establish operating rules and procedures, subject to the approval of the ICANN Board.
 
−
** The IRP may request further information from the party seeking review, the ICANN Board, [[Supporting Organizations]], or other parties.
 
−
** Individuals holding an official postion or office within the ICANN structure are not eligible to serve on the IRP.
 
−
** Proceedings shall be conducted via email or by other Internet means in order to keep review costs down. When necessary, the IRP may hold telephone meetings.
 
−
** The IRP shall make its declarations in writing. All petitions, claims, and declarations shall be posted on the website when they become available. The IRP may discretionarily deign to keep certain information confidential, at the submitting party's request.
 
−
** IRP declarations shall be considered at the next Board Meeting.
 
−
* 4.4 Periodic Review of ICANN Structure and Operations
 
−
** The Board shall enact the periodic review of the performance and operation of each [[SO|Supporting Organization]], each Supporting Organization Council, each [[Advisory Committee]] (other than the [[Governmental Advisory Committee]], which shall provide its own review mechanisms), and the [[Nominating Committee]]. The review shall be conducted by an entity or entities independent from the organization under review.
 
−
** These reviews shall be conducted no less frequently than every five years.
 
−
** The results of these reviews shall be posted on the website for public comment, which shall be considered by the Board at the next opportunity.
 
  
−
====Article 5: Ombudsman====
+
    (iii) Coordinates the allocation and assignment at the top-most level of Internet Protocol numbers and Autonomous System numbers. In service of its Mission, ICANN (A) provides registration services and open access for global number registries as requested by the Internet Engineering Task Force ("IETF") and the Regional Internet Registries ("RIRs") and (B) facilitates the development of global number registry policies by the affected community and other related tasks as agreed with the RIRs.
−
* 5.1 Office of Ombudsman
 
−
** There shall be an Office of Ombudsman, managed by an Ombudsman, to support the [[ICANN Staff]] as much as the Board determines to be appropriate and feasible. The position shall be full time, with salary and benefits as determined by the Board. The term shall last two years initially, and is subject to renewal. The dismissal of the Ombudsman requires a 3/4 majority vote from the Board.
 
−
** The budget for the Office of Ombudsman shall be determined by the ICANN Board as part of the annual budget process. The Ombudsman shall submit a proposed budget to the President for consideration.
 
−
* 5.2 Charter
 
−
** The Ombudsman shall act as a neutral dispute resolution practitioner for matters that do not invoke Section 2 or Section 3 of  [[ICANN Bylaws|Article IV]]. The Ombudsman shall serve as an objective advocate for fairness, and seek to evaluate and possibly resolve complaints about unfair or inappropriate treatment by ICANN staff, the Board, or ICANN constituent bodies, using conflict resolutions tool such as negotiation, facilitation, and "shuttle diplomacy."
 
−
* 5.3 Operations
 
−
** The Ombudsman shall facilitate the fair, impartial, and timely resolution of complaints that affect the ICANN community, excluding employees and vendors/suppliers, against the ICANN Board or staff, which are not subject of either the Reconsideration or Independent Review Policies. They may not be personally biased in any way, or have a personal stake in any outcome.
 
−
** The Ombudsman may use his or her own discretion to accept or decline to act on a complaint or question. Additionally, the Ombudsman shall have no authority to act with respect to internal administrative matters, personnel matters, issues relating to membership on the Board, or issues related to vendor/supplier relations.
 
−
** The Ombudsman has the right to access (but not to publish, if confidential) all information necessary to his/her decision-making.
 
−
** The Ombudsman must comply with all internal conflicts-of-interest and confidentiality policies.
 
−
* 5.4 Interaction with ICANN and Outside Entities
 
−
** No ICANN employee, Board member, or other internal organization member may impede the Ombudsman's contact with the ICANN community and vice-versa.
 
−
** ICANN staff and other participants must observe and respect the determinations made by the Ombudsman.
 
−
** Contact with the Ombudsman does not constitute as notice to ICANN of any particular action or cause of action.
 
−
** The Ombudsman may not take any action not outlined in the Bylaws.
 
−
* 5.5 Annual Report
 
−
** The Ombudsman must publish an annual report consisting of a consolidated analysis of the years complains and resolutions. It shall be posted on the website.
 
  
−
====Article 6: Board of Directors====
+
    (iv) Collaborates with other bodies as appropriate to provide registries needed for the functioning of the Internet as specified by Internet protocol standards development organizations. In service of its Mission, ICANN's scope is to provide registration services and open access for registries in the public domain requested by Internet protocol development organizations.<ref name="ianabylaws">[https://www.icann.org/resources/pages/bylaws-2016-09-30-en ICANN.org Bylaws Archive - Bylaws], as amended October 1, 2016</ref></blockquote>
−
* 6.1 Composition of the Board
 
−
** The ICANN Board of Directors shall consist of sixteen voting members, called Directors. In addition, five non-voting Liaisons shall be designated, in accordance with Section 9 of this Article.
 
−
* 6.2 Directors and Their Selection; Election of Chairman and Vice-Chairman.
 
−
** The Directors shall consist of eight voting members selected by the [[Nominating Committee]], two voting members selected by the [[Address Supporting Organization]], two voting members selected by the Country Code Names Supporting Organization, two voting members selected from the Generic Names Supporting Organization, one voting member selected from the [[At-Large Community]], and the previous President of the Board, who shall also be a voting member.
 
−
** The Nominating Committee shall ensure that the delegates it selects are a good representation of of ICANN's diversity in geography, culture, skills, experience, and perspective. The number of Directors selected from any one Geographic Region shall not exceed five, with the aim to have representatives from each region.
 
−
** The Supporting Organizations and At-Large Community shall also, in conjunction, ensure the same diversity as the above. No two Directors selected by a Supporting Organization shall be citizens from the same country or of countries located in the same Geographic Region.
 
−
** The Board shall annually elect a Chairman and Vice-Chairman from among the Directors, not including the President.
 
−
* 6.3 Criteria for Selection of Directors
 
−
** Chosen Directors shall be accomplished persons of integrity, objectivity, and intelligence, with sound judgement, open mind, and the ability to work well in groups. They must have prior understanding of ICANN's mission and the organizations potential impact on the global Internet community. In aggregate, they must represent the broadest cultural and geographical diversity, and demonstrate a collective understanding of gTLD registries and registrars, ccTLD registries, IP address registries, Internet technical standards and protocols, policy-development procedures, legal traditions, and the public interest. Finally, they must be willing to serve as volunteers, and must have strong communication skills with written and spoken English.
 
−
* 6.4 Additional Qualifications
 
−
** No official from a government or multinational entity may serve on the ICANN Board.
 
−
** No person who serves on any Supporting Organization Council, including as a liaison, shall simultaneously serve as a Director or liaison to the Board.
 
−
** Persons serving on the Nominating Committee ar ineligible for selection to Board positions.
 
−
* 6.5 International Representation
 
−
**
 
−
* 6.6 Directors' Conflicts of Interest
 
−
**
 
−
* 6.7 Duties of Directors
 
−
**
 
−
* 6.8 Terms of Directors
 
−
**
 
−
* 6.9 Non-Voting Liaisons
 
−
**
 
−
**
 
−
**
 
−
**
 
−
**
 
−
* 6.10 Resignation of a Director or Non-Voting Liaison
 
−
**
 
−
* 6.11 Removal of a Director or Non-Voting Liaison
 
−
**
 
−
**
 
−
* 6.12 Vacancies
 
−
**
 
−
**
 
−
* 6.13 Annual Meetings
 
−
**
 
−
* 6.14 Regular Meetings
 
−
**
 
−
* 6.15 Special Meetings
 
−
**
 
−
* 6.16 Notice of Meetings
 
−
**
 
  
 +
The October 2016 amendment also added some provisos and clarifications regarding the mission. Article 1.1(b) through (d) state: that ICANN shall not act outside its mission; that ICANN has no governmental regulatory authority and shall not regulate the use of or content transmitted via the Internet's unique identifier system beyond the scope described in Article 1.1(a); that no registry or registrar can challenge the validity of its agreement with ICANN on the basis that the contract is contrary to ICANN's mission; and similarly, that no party can claim that ICANN's 2016-2020 strategic plan is contrary to its mission.<ref name="ianabylaws" />
  
−
<ref>[http://www.icann.org/en/general/bylaws.htm ICANN Bylaws]</ref>
 
 
==References==
 
==References==
 
{{reflist}}
 
{{reflist}}
  
 
[[Category: Glossary]]
 
[[Category: Glossary]]

Latest revision as of 18:30, 7 December 2021

IANA Functions Stewardship TransitionNew gTLD ProgramFirst GNSO Organizational ReviewCcNSO Policy Development Process - Country CodesccNSO2002 Evolution and Reform Process

The Bylaws for Internet Corporation for Assigned Names And Numbers is the foundational governance document for ICANN.[1] The bylaws define the mission of ICANN, establish rules for the structure and operation of the SOs and ACs, and establish mechanisms for community engagement with the ICANN organization. The bylaws have undergone numerous revisions over the course of ICANN's history in response to reform efforts, policy development processes, and recommendations from organizational and specific reviews.

The current version of the ICANN Bylaws can be found here.

Evolution Over Time

Initially, ICANN's bylaws were similar to many young nonprofit organizations, with some specialized articles. Provisions that specified procedural and operational components of the organization, that might otherwise be defined by a statutory default, were included.[2] The original bylaws anticipated the formation and operation of three supporting organizations: the Address Supporting Organization, the Domain Name Supporting Organization, and the Protocol Supporting Organization. In addition, the bylaws made it possible for the board to form and empower committees, and set the stage for three advisory committees to be formed: the Governmental Advisory Committee, the Root Server System Advisory Committee, and an advisory committee on membership, until such time as the question of At-large representation was answered satisfactorily.[2] As events arose and the ICANN community became more engaged with policy development and review functions, the bylaws grew and changed to more specifically describe and define ICANN's role, obligations, and process.

Mission and Core Values

Prior to 2002, the bylaws did not contain any mention of the organization's mission, or its core values.[2] During the 2002 Evolution and Reform Process, the Evolution and Reform Committee (ERC) recommended the inclusion of these sections to enshrine the guiding principles and goals of ICANN in its governance documents. At the time of the December 2002 omnibus amendments to the bylaws, the mission and core values sections were added as the new Article 1.[3] The organization's mission statement was defined within the narrow scope of coordination and protection of "Internet's unique identifier systems." The article specified:

In particular, ICANN:

1. Coordinates the allocation and assignment of the three sets of unique identifiers for the Internet, which are: a. Domain names (forming a system referred to as "DNS"); b. Internet protocol ("IP") addresses and autonomous system ("AS") numbers; and c. Protocol port and parameter numbers.
2. Coordinates the operation and evolution of the DNS root name server system.

3. Coordinates policy development reasonably and appropriately related to these technical functions.[3]

This mission statement remained the same until the IANA Functions Stewardship Transition, which among other things incorporated the Affirmation of Commitments into the bylaws, and anticipated the creation of a subsidiary entity under ICANN to manage IANA functions oversight. In October of 2016, Article 1 was amended to describe the broadened scope of ICANN's Mission:

Specifically, ICANN:

(i) Coordinates the allocation and assignment of names in the root zone of the Domain Name System ("DNS") and coordinates the development and implementation of policies concerning the registration of second-level domain names in generic top-level domains ("gTLDs"). In this role, ICANN's scope is to coordinate the development and implementation of policies:

*For which uniform or coordinated resolution is reasonably necessary to facilitate the openness, interoperability, resilience, security and/or stability of the DNS including, with respect to gTLD registrars and registries, policies in the areas described in Annex G-1 and Annex G-2; and *That are developed through a bottom-up consensus-based multistakeholder process and designed to ensure the stable and secure operation of the Internet's unique names systems.

The issues, policies, procedures, and principles addressed in Annex G-1 and Annex G-2 with respect to gTLD registrars and registries shall be deemed to be within ICANN's Mission.

(ii) Facilitates the coordination of the operation and evolution of the DNS root name server system.

(iii) Coordinates the allocation and assignment at the top-most level of Internet Protocol numbers and Autonomous System numbers. In service of its Mission, ICANN (A) provides registration services and open access for global number registries as requested by the Internet Engineering Task Force ("IETF") and the Regional Internet Registries ("RIRs") and (B) facilitates the development of global number registry policies by the affected community and other related tasks as agreed with the RIRs.

(iv) Collaborates with other bodies as appropriate to provide registries needed for the functioning of the Internet as specified by Internet protocol standards development organizations. In service of its Mission, ICANN's scope is to provide registration services and open access for registries in the public domain requested by Internet protocol development organizations.[4]

The October 2016 amendment also added some provisos and clarifications regarding the mission. Article 1.1(b) through (d) state: that ICANN shall not act outside its mission; that ICANN has no governmental regulatory authority and shall not regulate the use of or content transmitted via the Internet's unique identifier system beyond the scope described in Article 1.1(a); that no registry or registrar can challenge the validity of its agreement with ICANN on the basis that the contract is contrary to ICANN's mission; and similarly, that no party can claim that ICANN's 2016-2020 strategic plan is contrary to its mission.[4]

References

  1. ↑ ICANN.org - Bylaws(English)
  2. ↑ 2.0 2.1 2.2 ICANN.org Archive - Original Bylaws, November 6, 1998
  3. ↑ 3.0 3.1 ICANN.org Bylaws Archive - Article 1, as amended December 15, 2002
  4. ↑ 4.0 4.1 ICANN.org Bylaws Archive - Bylaws, as amended October 1, 2016
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