[client com] ICANN-PTI Naming Functions Agreement & Services Agreement Headers

Thu Jul 28 10:20:27 UTC 2016

Thank-you Sam

From: Samantha Eisner [mailto:Samantha.Eisner at icann.org] 
Sent: 27 July 2016 23:06
To: jrobinson at afilias.info; 'Hofheimer, Joshua T.' <jhofheimer at sidley.com>;
'Client Committee' <cwg-client at icann.org>
Cc: 'Greeley, Amy E.' <AGreeley at sidley.com>
Subject: Re: [client com] ICANN-PTI Naming Functions Agreement & Services
Agreement Headers

Hi Jonathan, 

For purposes of clarity, on your point 3 below, ICANN has already included
some of the principles from Annex C into the PTI Bylaws.  ICANN has,
however, raised concerns about the propriety of including the specific
language presented by Sidley that was within the Annex C chart, as reflected
in the document that was circulated to the CWG.  With that modification,
your point 3 stands.

Thanks,

Sam

- 

Samantha Eisner

Associate General Counsel, ICANN

12025 Waterfront Drive, Suite 300

Los Angeles, California 90094

USA

Direct Dial: +1 310 578 8631

From: <cwg-client-bounces at icann.org <mailto:cwg-client-bounces at icann.org> >
on behalf of Jonathan Robinson <jrobinson at afilias.info
<mailto:jrobinson at afilias.info> >
Organization: Afilias
Reply-To: "jrobinson at afilias.info <mailto:jrobinson at afilias.info> "
<jrobinson at afilias.info <mailto:jrobinson at afilias.info> >
Date: Wednesday, July 27, 2016 at 3:02 AM
To: "'Hofheimer, Joshua T.'" <jhofheimer at sidley.com
<mailto:jhofheimer at sidley.com> >, 'Client Committee' <cwg-client at icann.org
<mailto:cwg-client at icann.org> >
Cc: "'Greeley, Amy E.'" <AGreeley at sidley.com <mailto:AGreeley at sidley.com> >
Subject: Re: [client com] ICANN-PTI Naming Functions Agreement & Services
Agreement Headers

Dear Josh,

My understanding is as follows:

1.      That the CWG is agreed that the provisions of Annex C must be
appropriately documented into the Naming Functions Agreement, PTI Bylaws or
both.

2.      Sidley have indicated that it will be satisfactory (in terms of the
implementation of the CWG proposal) to have the provisions of Annex C
appropriately documented into the Naming Functions Agreement or PTI Bylaws
or both.

3.      ICANN Legal have argued that they do not believe it is appropriate
to have the provisions of Annex C documented in the PTI Bylaws.

Therefore,

A.     It will be helpful to have you confirm that the above is consistent
with your understanding and 

B.     It seems to me to be certain that the provisions (that the CWG
drafted to implement Annex C) must be incorporated into the Naming Functions
Agreement

Accordingly, it will be helpful to receive your review of the Naming
Functions Agreement against Annex Cas soon as possible and/or proposed
revision of the Naming Functions Agreement in order to achieve the
appropriate documentation of Annex C .

Thank-you.

Jonathan

From: Hofheimer, Joshua T. [mailto:jhofheimer at sidley.com] 
Sent: 26 July 2016 02:20
To: Client Committee <cwg-client at icann.org <mailto:cwg-client at icann.org> >
Cc: Greeley, Amy E. <AGreeley at sidley.com <mailto:AGreeley at sidley.com> >
Subject: Re: [client com] ICANN-PTI Naming Functions Agreement & Services
Agreement Headers

Client Committee -- Attached is a further revised draft of Sidley's comments
to the Naming Functions Agreement.  For convenience, we have included a
clean Word version, a cumulative PDF redline against the ICANN draft, and an
internal redline against the version we sent yesterday.  

Please note, we have not undertaken a formal review of the Naming Functions
Agreement against Annex C.  We are looking for guidance from the CWG as to
whether the provisions that the CWG drafted to implement Annex C (as
described in the Implementation Proposal dated June 9, 2016) will be
incorporated in the bylaws or the naming function agreement.  Once this
determination is made, we can ensure that the provisions are appropriately
documented, if requested.

Cheers,

Josh

Joshua Hofheimer

Sidley Austin LLP

 <mailto:jhofheimer at sidley.com> jhofheimer at sidley.com

(213) 896-6061 (LA direct)

(650) 565-7561 (Palo Alto direct)

(323) 708-2405 (cell)

From: Hofheimer, Joshua T. 
Sent: Monday, July 25, 2016 12:50 PM
To: 'Client Committee'
Cc: Resnick, Yael; Flanagan, Sharon; Gregory, Holly; Grapsas, Rebecca;
Greeley, Amy E.
Subject: RE: ICANN-PTI Naming Functions Agreement & Services Agreement
Headers

Dear Client Committee - If you have not already started reviewing the
attached, please hold for a few hours.  We will have a revised draft to you
shortly with further observations on the connections to the ICANN Bylaws,
and some additional revisions.

Thanks,

Josh

Joshua Hofheimer

Sidley Austin LLP

 <mailto:jhofheimer at sidley.com> jhofheimer at sidley.com

(213) 896-6061 (LA direct)

(650) 565-7561 (Palo Alto direct)

(323) 708-2405 (cell)

From: Hofheimer, Joshua T. 
Sent: Sunday, July 24, 2016 4:02 PM
To: Client Committee
Cc: Resnick, Yael; Flanagan, Sharon; Gregory, Holly; Grapsas, Rebecca;
Greeley, Amy E.
Subject: ICANN-PTI Naming Functions Agreement & Services Agreement Headers

Dear Client Committee,

Attached please find proposed comments to the Naming Functions Agreement and
the Services Agreement Headers, both clean and marked against the versions
sent by ICANN.  Because the Services Agreement Headers received from ICANN
was in PDF only, we converted to Word and added formatting.  However, this
has made the redline look more atrocious than it actually is.  We are going
to try to clean this up a little in the versions to go to ICANN, but did not
want to delay getting feedback or comments from the community.  

On the Naming Functions Agreement, we focused primarily on verifying the
mapping exercise undertaken by ICANN to ensure the CWG's views and
conditions have been incorporated.  Where the proposed draft appears to be
lacking or inconsistent, we have noted with questions, comments, and in some
instances direct revisions.  

Cheers,

Josh

JOSHUA T. HOFHEIMER
Partner

SIDLEY AUSTIN LLP
+1 650 565 7561 (PA direct)
+1 213 896 6061 (LA direct)
+1 323 708 2405 (Cell)
 <mailto:jhofheimer at sidley.com> jhofheimer at sidley.com
 <http://www.sidley.com> www.sidley.com

  <http://www2.sidley.com/files/upload/signatures/SIDLEY_150-AUTOSIG.png> 

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