[CWG-RFP3] Strawman Proposal 4

[Gomes, Chuck]

Avri,

I like the things you are looking for and especially want to call out this one: "a solution that does not build yet another entity for handling IANA that is subject to the same growth dynamics as ICANN, which was created for handling IANA".

Chuck

From: cwg-rfp3-bounces at icann.org [mailto:cwg-rfp3-bounces at icann.org] On Behalf Of Avri Doria
Sent: Sunday, November 16, 2014 6:42 AM
To: cwg-rfp3 at icann.org
Subject: Re: [CWG-RFP3] Strawman Proposal 4

Hi,

I am not a lawyer, so any repsonse I give is suspect.

In any case, Trusts are you say very varied over jurisdictions.  The have existed forever, from what I read (not only wikipedia) since Roman times or before.  In fact I think I remember reading about them in some obscure Latin lesson half way through the last century.

In essence the way I understand them is that some who has an asset of value, for example stewardship of the IANA contract, gives that item in trust to an intermediary, the adminstrator, to hold and administer for the trustee - the Internet community.

It is true I do not know the exact form of a Trust or Trust-like arrangement that would work.  For that one would need someone who was an expert in international trusts to determine what, if any, mix of available trust elements could be brougth together to achieve the goal.  I guess I have so much faith in lawyers that I believe that they can create an appropriate piece of paper to create any sort of needed legal arrangement;  in this case a trust to hold the IANA contract for  the Global Internet Community.

What I am looking for is:

- a minimalist solution that changes what is necessary to account for NTIA transfer of stewardship,  but does not try to solve every possible complaint the contracted parties might have about IANA performance.

- a solution that allows full separability of IANA from ICANN, but which does require that separation, especially not at this time.

- a solution that does not build yet another entity for handling IANA that is subject to the same growth dynamics as ICANN, which was created for handling IANA.

- a soltion that does not lead us in the slicing IANA into many little ianas. (It is ironic that the IANA stewardship transition process may result in the yet another form of Internet fragmentation)


In may ways I think we have confused the work in our exegisis of the contract.  The primary  thing that is changing in terms of Stewardship is who gets to decide that the contract should be either renewed or awarded elsewhere.  That is what we should focus on.

That is why I am suggesting a Trust, or some other Trust-like legal relationship, where the IANA contract is put in trust for the global  Internet Community and there is a mechanism by which the multistakeholder  community can be brought together when necessary for critical decisions, like reviewing performance before making a contract recommendation.

avri
On 14-Nov-14 05:35, Guru Acharya wrote:

Hi Avri and Greg,



This is with reference to the Strawman 4 added to the matrix:



https://docs.google.com/document/d/1kO8dtSdkTnH79FSUsxA8KmPv1O2IfYwYFm2k_CIoNMw/edit



While I am familiar with how trusts operate in my country, I am not able to

comprehend the use of trusts as done in Strawman 4. Maybe someone can help

explain the nature of laws under which this proposal is being contemplated.



As I understand, trusts are generally established between three legal

entities: the author, trustee and the beneficiary.



The person who reposes or declares the confidence is called the "author of

the trust"; The person who accepts the confidence is called the "trustee";

the person for whose benefit the confidence is accepted is called the

"beneficiary".



In Strawman 4, who are these entities?



There is reference to a ICG like panel without any legal status - I suppose

a committee within ICANN - is that the beneficiary? Who are you proposing

the trustee be? Are you suggesting that that the trustee contract the IANA

operator (ICANN) on behalf of the beneficiary (also ICANN)?



I'm not able to see how all of this works - Maybe someone could help

explain.






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