[client com] Notes from call - 31 May at 19:00UTC

Flanagan, Sharon sflanagan at sidley.com
Wed Jun 1 13:33:30 UTC 2016

Thanks. We noted that as well.

The main difference with ICANN's proposal for two contracts instead of one is that amendments to the provisions of what ICANN envision as the intercompany agreement would not be subject to any community mechanism.

Best regards,

Sharon R. Flanagan
Sidley Austin LLP
SF tel: 415-772-1271
PA tel: 650-565-7008
Email: sflanagan at sidley.com

From: Jonathan Robinson [mailto:jrobinson at afilias.info]
Sent: Wednesday, June 01, 2016 01:42 AM
To: Flanagan, Sharon; 'Grace Abuhamad' <grace.abuhamad at icann.org>; 'Client Committee' <cwg-client at icann.org>
Subject: RE: [client com] Notes from call - 31 May at 19:00UTC


Thank-you for this. We will seek feedback from ICANN on the rationale.

By way of context, ICANN is proposing to supply all staff to PTI on secondment from ICANN i.e. all PTI staff will be ICANN staff that are seconded to PTI.
Moreover, it is proposed by ICANN that any new staff hired to undertake the work of PTI will first be hired by ICANN and then seconded to PTI.

This is the subject of current discussion with ICANN and, to date, the rationalisation for do so has not been fully provided.


From: Flanagan, Sharon [mailto:sflanagan at sidley.com]
Sent: 01 June 2016 01:37
To: Grace Abuhamad <grace.abuhamad at icann.org>; Client Committee <cwg-client at icann.org>
Subject: Re: [client com] Notes from call - 31 May at 19:00UTC

Dear all,

We received a copy of the Post-Transition IANA (PTI) document for discussion dated May 24, 2016.  We note that the document contemplates two contracts where we had expected a single contract.  Specifically, page 4 of the document refers to a naming function contract and an intercompany services agreement – the latter covers staffing, other resources and funding of PTI.  We expected all of these concepts to be addressed in the single ICANN-PTI Contract that is contemplated by the CWG Proposal, and that is addressed in Section 16.3 of the draft ICANN bylaws.  We would suggest combining them.  This will allow Section 16.3 of the draft ICANN bylaws to appropriately address all the relevant ICANN-PTI obligations.  We are flagging this issue for your consideration.  Please let us know if you would like to discuss.

Best regards,


+1 415 772 1271
sflanagan at sidley.com<mailto:sflanagan at sidley.com>

From: cwg-client-bounces at icann.org<mailto:cwg-client-bounces at icann.org> [mailto:cwg-client-bounces at icann.org] On Behalf Of Grace Abuhamad
Sent: Tuesday, May 31, 2016 12:49 PM
To: Client Committee
Subject: [client com] Notes from call - 31 May at 19:00UTC

Dear all,

Here below are the notes from the Client Committee call:

Client Committee Meeting #21
31 May 2016 @ 19:00 UTC

This meeting is being recorded

1. Annex C
2. PTI Bylaws
3. ICANN-PTI Contract
5. AOB
a. CWG Call on Thursday
b. Other next steps?


1. Annex C

•         Is Paul's point already covered in the document?

•         Action: Sharon proposes to expand #4: "The Corporation shall not require a contract in order to provide services to ccTLD registries."

•         Action: Lise to follow up with Paul to see what is not satisfactory about the proposed language.

2. PTI Bylaws

•         Chairs invite Sharon to CWG-Stewardship call on Thursday at 15:00 UTC.

•         Action: Grace to inquire about process for ICANN response to Sidley comments on PTI Bylaws.

•         Action: Grace to develop two tables (one for notes to CWG and one for notes to ICANN). Should include Articles as well as Bylaws.

3. ICANN-PTI Contract

•         Sidley provided a review of the headers.

•         Action: Chairs will relay questions on Contract during CWG-Stewardship call on Thursday (separate from table at this stage).

•         Action: Grace to inquire about when a first draft will be delivered for Sidley to review. Also, who would be drafting the statement of work?


•         IANA IPR document is undergoing review with Sidley. Sidley will deliver the feedback tomorrow (June 1). Client Committee will assess feedback before deciding how to address on the CWG-Stewardship call.

•         Action: Sidley to provide a cover note along with feedback on IANA IPR document.

5. AOB

•         Sharon can attend the CWG call on Thursday, but has a hard stop at the two hour mark.

•         To the extent that CWG expects to cover IPR or Contract related matters, Josh should be invited to the call.

•         Action: Client Com (Chairs) to inform Josh should he need to join the CWG call.

•         Action: Client Com (Chairs) to communicate to Trang/Yuko that: the more advance notice, the better. This is important for Sidley to plan their work and better respond to ICANN.

Grace Abuhamad
Manager, Public Policy

ICANN | Internet Corporation for Assigned Names and Numbers
801 17th Street NW, Suite 400 | Washington, DC 20006
Direct: +1 202 249 7545 | Mobile: +1 310 200 7638

Interested in the IANA Stewardship Transition?
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