[client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)
Lise Fuhr
Fuhr at etno.eu
Mon Jun 6 15:41:17 UTC 2016
Dear Paul and Sharon,
I believe C.8.3. should apply to both communities and that this should be a general rule - unless other requirements would contradict including the gTLDs. Regarding the C.8.2. I believe it would be good also to check if this is properly addressed and if not to include this like we do with C.8.3.
Best,
Lise
-----Original Message-----
From: Paul M Kane [mailto:Paul.Kane at icb.co.uk]
Sent: 06 June 2016 08:44
To: Flanagan, Sharon
Cc: Lise Fuhr; Client Committee
Subject: Re: [client com] FW: Draft Provisions for PTI Bylaws/Contract - Annex C (Sections 7and 8)
Thanks Sharon
My concern ccTLDs only - as in the past ICANN/IANA have conducted back-channel (reassignment/redelegation/retirement) negotiations to the detriment of the incumbent ccTLD Registry Manager and their registrants.
gTLD's arrangements are determined by their contacts with ICANN... so outside the scope of the PTI Bylaws/Contract.
Concerning C.8.2 - this was raised to ensure that the PTI-ICANN contract ensured that correct processes are followed. It is not my issue but I assume it is already covered.
Best
Paul
On 06/06/16 01:31, Flanagan, Sharon wrote:
> Paul -
>
> With respect to incorporating C.8.3 into the PTI bylaws and contract,
> can you advise whether the language applies to ccTLDs only or needs to
> cover both gTLDs and ccTLDs?
>
>
> C.8 PERFORMANCE EXCLUSIONS
>
> C.8.1 This contract does not authorize the Contractor to make
> modifications, additions, or deletions to the root zone file or
> associated information. (This contract does not alter the root zone
> file responsibilities as set forth in Amendment 11 of the Cooperative
> Agreement NCR-
> 9218742 between the U.S. Department of Commerce and VeriSign, Inc. or
> any successor entity as designated by the U.S. Department of
> Commerce). See Amendment 11 at
> http://ntia.doc.gov/files/ntia/publications/amend11_052206.pdf.
> C.8.2 This contract does not authorize the Contractor to make material
> changes in the policies and procedures developed by the relevant
> entities associated with the performance of the IANA functions. The
> Contractor shall not change or implement the established methods
> associated with the performance of the IANA functions without prior
> approval of the CO.
> C.8.3 The performance of the functions under this contract, including
> the development of recommendations in connection with Section C.2.9.2,
> shall not be, in any manner, predicated or conditioned on the
> existence or entry into any contract, agreement or negotiation between
> the Contractor and any party requesting such changes or any other
> third-party. Compliance with this Section must be consistent with
> C.2.9.2d
>
> Thanks
>
>
>
> SHARON R. FLANAGAN
>
>
> SIDLEY AUSTIN LLP
> +1 415 772 1271
> _sflanagan at sidley.com_ <mailto:sflanagan at sidley.com>
>
> -----Original Message-----
> From: _cwg-client-bounces at icann.org_
> <mailto:cwg-client-bounces at icann.org>
> [_mailto:cwg-client-bounces at icann.org_] On Behalf Of Flanagan, Sharon
> Sent: Friday, June 03, 2016 3:01 PM
> To: Paul M Kane; Lise Fuhr; Client Committee
> Subject: Re: [client com] FW: Draft Provisions for PTI Bylaws/Contract
> - Annex C (Sections 7and 8)
>
> Dear All,
>
> I have not heard further on whether C.8.2 is also required to be
> addressed. I understand Paul is fine without it and is focused on C.8.3.
>
> Could someone please advise?
>
> Thanks
>
> SHARON R. FLANAGAN
>
>
> SIDLEY AUSTIN LLP
> +1 415 772 1271
> _sflanagan at sidley.com_ <mailto:sflanagan at sidley.com>
>
> -----Original Message-----
> From: Paul M Kane [_mailto:Paul.Kane at icb.co.uk_]
> Sent: Wednesday, June 01, 2016 9:57 AM
> To: Lise Fuhr; Flanagan, Sharon; Client Committee
> Cc: 'Grace Abuhamad'
> Subject: Re: [client com] FW: Draft Provisions for PTI Bylaws/Contract
> - Annex C (Sections 7and 8)
>
> My issue is C8.3 - which has not been addressed ... specifically the
> last part of:
>
> ....shall not be, in any manner, predicated or conditioned on the
> existence or entry into any contract, agreement or negotiation between
> the Contractor and any party requesting such changes or any other
> third-party.
>
>
> During a call today C8.2 was raised ... this is not my issue and it
> may have been covered already... may be it is more of a contract issue
> rather than a Bylaw issue.
>
> Best
>
> Paul
>
> On 01/06/16 17:38, Lise Fuhr wrote:
>> As I understood it both were equally important. But since Paul is cc on this email I believe he should confirm it.
>> Best,ave
>> Lise
>>
>> -----Original Message-----
>> From: Flanagan, Sharon [_mailto:sflanagan at sidley.com_]
>> Sent: 01 June 2016 18:36
>> To: Lise Fuhr; Client Committee
>> Cc: Paul Kane; 'Grace Abuhamad'
>> Subject: RE: [client com] FW: Draft Provisions for PTI
>> Bylaws/Contract - Annex C (Sections 7and 8)
>>
>> Thanks for the clarification. Paul Kane separately emailed and referred to C.8.3 (which tracks the language originally quoted below). Is it also C.8.2 or just C.8.3?
>>
>> Best,
>> Sharon
>>
>> SHARON R. FLANAGAN
>>
>>
>> SIDLEY AUSTIN LLP
>> +1 415 772 1271
>> _sflanagan at sidley.com_ <mailto:sflanagan at sidley.com>
>>
>> -----Original Message-----
>> From: Lise Fuhr [_mailto:Fuhr at etno.eu_]
>> Sent: Wednesday, June 01, 2016 7:09 AM
>> To: Flanagan, Sharon; Client Committee
>> Cc: Paul Kane; 'Grace Abuhamad'
>> Subject: RE: [client com] FW: Draft Provisions for PTI
>> Bylaws/Contract - Annex C (Sections 7and 8)
>> Importance: High
>>
>> Hi Sharon,
>> Paul's concerns is actually relating to Section C.8.2. - 8.3. in the NTIA/ICANN contract and not the C.2.9.2 and this seems not be covered by the proposed language.
>> Best,
>> Lise
>>
>>
>> -----Original Message-----
>> 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: 31 May 2016 21:10
>> To: Client Committee
>> Cc: Paul Kane
>> Subject: [client com] FW: Draft Provisions for PTI Bylaws/Contract -
>> Annex C (Sections 7and 8)
>>
>> Forwarding Paul’s response below.
>>
>> On 5/26/16, 7:42 AM, "Paul M Kane" <_Paul.Kane at icb.co.uk_ <mailto:Paul.Kane at icb.co.uk>> wrote:
>>
>>> Thanks Grace and Sharon
>>>
>>> The draft Bylaws (as a non-lawyer) look fine.... I think we are almost there....
>>>
>>> Looking at the current NTIA/ICANN contract the goal is to ensure
>>> stability of each ccTLD Registry and the Registry's customers - ie
>>> nothing is done by
>>> PTI(IANA) to impact the stable operation of the ccTLD Registry
>>>
>>> Section C.2.9.2
>>> (_https://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-fina
>>> l_aw_
>>> ard_and_sacs.pdf) , shall not be, in any manner, predicated or
>>> conditioned on the existence or entry into any contract, agreement
>>> or negotiation between the Contractor and any party requesting such
>>> changes or any other third party
>>>
>>> This forces PTI/IANA to refer the all matters to the current
>>> Registry Operator... and IANA/PTI does not interfere in the operation of that ccTLD Registry.
>>>
>>> Best
>>>
>>> Paul
>>> .
>>> .
>>>
>>>>
>>>> -------- Forwarded Message --------
>>>> Subject: FW: [client com] Draft Provisions for PTI Bylaws/Contract -
>>>> Annex C (Sections 7and 8)
>>>> Date: Tue, 24 May 2016 21:29:54 +0000
>>>> From: Grace Abuhamad <_grace.abuhamad at icann.org_ <mailto:grace.abuhamad at icann.org>>
>>>> To: Paul Kane <_paul.kane-cwg at icb.co.uk_
>>>> <mailto:paul.kane-cwg at icb.co.uk>>, Paul Kane
> <_Paul.Kane at icb.co.uk_ <mailto:Paul.Kane at icb.co.uk>>
>>>>
>>>>
>>>>
>>>> Hi Paul,
>>>>
>>>> Forwarding this to you per Sharon’s request.
>>>>
>>>>
>>>>
>>>> --
>>>>
>>>> *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? *
>>>>
>>>> *LEARN MORE <_https://www.icann.org/stewardship-accountability_>.
>>>> STAY UPDATED <_https://www.icann.org/stewardship-accountability#status_>.
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>>>> <_https://www.icann.org/stewardship-accountability#involved_>. *
>>>>
>>>>
>>>>
>>>> *From: *<_cwg-client-bounces at icann.org_
>>>> <mailto:cwg-client-bounces at icann.org>> on
> behalf of Sharon Flanagan
>>>> <_sflanagan at sidley.com_ <mailto:sflanagan at sidley.com>>
>>>> *Date: *Monday, May 23, 2016 at 7:32 PM
>>>> *To: *Client Committee <_cwg-client at icann.org_
>>>> <mailto:cwg-client at icann.org>>
>>>> *Subject: *[client com] Draft Provisions for PTI Bylaws/Contract -
>>>> Annex C (Sections 7and 8)
>>>>
>>>>
>>>>
>>>> Dear Client Committee,
>>>>
>>>>
>>>>
>>>> Following up on our call today, attached is a draft of proposed
>>>> language to reflect Sections 7 and 8 of Annex C to the CWG proposal.
>>>>
>>>>
>>>>
>>>> Grace – could you please forward to Paul Kane?
>>>>
>>>>
>>>>
>>>> Best regards,
>>>>
>>>> Sharon
>>>>
>>>> *SHARON R. FLANAGAN*
>>>>
>>>>
>>>> *SIDLEY AUSTIN LLP*
>>>> 555 California Street
>>>> Suite 2000
>>>> San Francisco, CA 94104
>>>> +1 415 772 1271
>>>> _sflanagan at sidley.com_ <mailto:sflanagan at sidley.com>
> <_mailto:sflanagan at sidley.com_> _www.sidley.com_
> <http://www.sidley.com>
>>>> <_http://www.sidley.com_>
>>>>
>>>> *mage removed by sender. SIDLEY*
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
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>>>
>>>
>>
>>
>>
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