[client com] Request for legal advice on Question #9 from ICG

Grace Abuhamad grace.abuhamad at icann.org
Fri Oct 2 00:20:39 UTC 2015

Dear Sidley, 

The CWG-Stewardship has been working on responses to question from the ICG
about the proposal. There is one response that was identified on today¹s
call as needing your review and advice.

The question: 
> PTI 9) Some comments raise concerns in the context of the proposed PTI board
> composition (mix of ICANN employees and independent directors) that the ICANN
> board and the PTI board could attempt to avoid responsibility for any
> operational shortcomings by each seeking to hold the other board responsible.
> Paragraph 113 in Part 1 indicates that the PTI board will be responsible for
> ensuring that the PTI "fulfills its responsibilities under the IANA functions
> contract with ICANN.² Could the CWG provide an unambiguous statement as to
> which of the two boards will ultimately be held accountable for ensuring that
> the IANA functions are carried out appropriately? Please include verbatim text
> amendments to Part 1 if you believe that would be appropriate to clarify this
> point.    

The draft response:

> As stated in the CWG-Stewardship proposal, the PTI Board will be responsible
> for ensuring that PTI fulfills its responsibilities under the IANA Functions
> Contract with ICANN. However, should the PTI Board not perform its
> responsibilities, the ICANN Board, will hold the PTI Board accountable. As
> noted in the proposal, as part of the implementation process it is anticipated
> that a contract would be established between PTI and ICANN that will grant PTI
> the rights to act as the IFO, and set out the rights and obligations of PTI
> and ICANN. 

Please note that I am only sending this note to help with the timing (since
staff holds the pen on the questions/responses), but please direct any
questions towards the Client Committee.

Thank you, 

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