[CCWG-ACCT] Your public comment re replacement of IANA provider

[Aikman-Scalese, Anne]

Thanks Avri.  Very important to track in terms of consistency of coordination between and among CCWG- ACCT, Stewardship, and ICG.  In this regard, I noted Jonathan's comments on behalf of Stewardship and found myself wondering how the conditions listed in their recommendations (especially as to the budget) are met by the MEM proposal.

I think it is likely the Board looked at the Stewardship conditions as to budget before filing its comments and alternate proposal so I assume that question will be answered in LA if not before.

I'm pretty sure Greg was on Stewardship.  He may have an opinion on whether the MEM proposal meets the Stewardship assumptions re Accountability that are listed in the comment letter signed by Jonathan Robinson.
Anne

Anne E. Aikman-Scalese
Of Counsel
Lewis Roca Rothgerber LLP |
One South Church Avenue Suite 700
Tucson, Arizona 85701-1611
(T) 520.629.4428 | (F) 520.879.4725
AAikman at LRRLaw.com | www.LRRLaw.com
-----Original Message-----
From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Avri Doria
Sent: Tuesday, September 15, 2015 10:20 PM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Your public comment re replacement of IANA provider

Hi,

I think it was just oversight on our part.  At one point I was supposed to track these things for the CWG in the CCWG, but once the chairs took over the liaison role with their frequent joint leadership meetings, I admit I fell asleep on the task and it was only when doing the review of both documents that the gap became obvious. So, I started talking it up and decided to put a comment on it.

Part of the CWG requirement on the CCWG was a mechanism to insure that the ICANN Names Operational  Community would have the same power that the IETF has to replace its IANA function operator defined in an ironclad manner under the new accountability mechanisms.  Not only did the CWG recommend that a fundamental bylaw be created that covered the Separation Cross Community WG (SCWG), but it included the requirement for the outcome of this group to be approved both by the Board " *and a community mechanism derived from the CCWG-Accountability**process."
*T*he CWG was not determining the CCWG outcome of a *SM*, but indicated that whatever Community Mechanism we create, have the power to approve, or disapprove, the recommendation of the SCWG along with the Boar*d.****Similar to the CCWG WS1 recommendation itself, it is a decision that the community and the Board would need to come to together. ****While not an issue in the CWG comment on CCWG Draft 2, I believe there is an inconsistency between the CWG report as included in the ICG aggregated proposal and CCWG Draft 2. The CWG comment on CCWG indicates that this may no longer be necessary as the other mechanisms somehow make up for the absence of this direct power. This may indeed end up the result, but I believe that at the issue needs to be discussed, and a change needs to be made either in the ICG report, backing off on the explicit requirement, or in the CCWG's list of community powers. Of course if we go with the MEM, this may all be moot as far as the CCWG is concerned, as there would be no community powers as conceived in Draft 2. Though I expect we would need to then change the CWG's explicit requirements as defined in the ICG aggregated proposal. As far as NTIA is concerned, I just think they will be looking for consistency in our recommendations. I do not believe they care about such details, as long as we find general agreement on them. thanks avri

> Avri,
>
> I was very interested in your comment regarding the need to amend to
> provide for a community power to allow approval of any replacement
> IANA provider in the event of separation.  This seems to very directly
> concern the IANA transition itself and the prospect of securing
> certification of the proposal by the NTIA to Congress.
>
>
>
> Could you please explain this a bit further in simple language?  Are
> you saying that ICG or Stewardship has specified that in the event it
> becomes necessary to replace PTI, then approval (or veto) of that
> choice should be a listed community power of the Sole Member?
>
>
>
> Just seeking to understand this issue more clearly.
>
>
>
> Thank you,
>
> Anne
>
>
>
>
>
>
>
> **
>
>
>
> *Anne E. Aikman-Scalese, Of Counsel*
>
> *Lewis Roca Rothgerber LLP | *
>
> *One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611*
>
> *(T) 520.629.4428 | (F) 520.879.4725*
>
> *_AAikman at LRRLaw.com <mailto:AAikman at LRRLaw.com>_**| www.LRRLaw.com
> <http://www.lrrlaw.com/>*
>
>
>
>
>
> **
>
>
>
>
> * *
>
>
>
>
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