[CWG-Stewardship] CWG RFP2B Proposal

[Gomes, Chuck]

Robert,

Thanks for taking the time to try to think through this.  Here are my personal thoughts.

First of all I think it is accurate to say that there are at least three different types of ccTLD agreements with ICANN: 1) full blown contracts; 2) exchange of letters; 3) accountability framework. See https://www.icann.org/resources/pages/cctlds-2012-02-25-en .  If we add ccTLDs that do not have any form of agreement with ICANN, that means that there are four broad categories that need to be considered. Moreover, although I have not compared the terms across different agreements within each category, I suspect that there are variations in each category with regard to the terms included for given ccTLD managers.

For those who have one of the types of agreements with ICANN, the vast majority have either an exchange of letters or an accountability framework. It looks like there are eight full blown contracts; they are called Sponsorship Agreements and are shown toward the end of the list at the above referenced link.  In addition there are eight 'ICANN-ccTLD Manager MoUs'; is that a fifth category?

To cover all the variations would in my opinion be a significant amount of time and effort and I am not convinced that the value add would justify the amount of work.  It is important that Section 2B acknowledges the variances but the focus should be on the oversight and accountability mechanisms that exist and not on the variances of the agreements.  Certainly, if there are any oversight and accountability mechanisms that have been missed resulting from any of the different type of arrangements, those should be identified and included in 2B.

I welcome critique of the information I provide above and my conclusions.

Chuck

-----Original Message-----
From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Robert Guerra
Sent: Tuesday, November 11, 2014 10:15 AM
To: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] CWG RFP2B Proposal


My note below has already led to private comments. I appreciate folks being frank..

Suffice it to say the following, my choice of words may not have been ideal and perhaps my some seen as insensitive.  That wasn't my intent.
Apologies for that if it is the case.

If you permit me, let me try to rephrase the comment, in perhaps a more constructive fashion..

(1) How many type of agreements exist? Only 2, or more?

Section 2.2 lists two country examples. Are they reflective of the fact that there are only 2 types of agreements with ccTLD's?

If there are more, then it might be worthwhile to include an additional example that perhaps could include additional geographical regions.

(2) Good to add references ..

If the reference does not already exist in the document, it might be good to point to the list of existing agreements with ccTLD's.

regards

Robert



On 2014-11-11 9:44 AM, Robert Guerra wrote:
> Chuck,
> 
> Thanks for sharing the updated draft.
> 
> A quick comment ...
> 
> - in section 2.2 Additional sources of accountability for a limited 
> number of ccTLDs sample agreements for .au and .az are cited.
> 
> 
> 
> We might want to give more thought as to the countries that are listed 
> so that they represent different legal systems and different regions 
> of the world. Additionally,  IMHO, it might also be good to make sure 
> that countries are listed with good rule of law..
> 
> Perhaps it might be good to keep Australia, and add another country  
> Say one from Latin America ?
> 
> 
> regards
> 
> Robert
> 
> 
> 
> On 2014-11-11 8:18 AM, Gomes, Chuck wrote:
>> Here is a draft of the ICG RFP Section 2B proposal for full CWG 
>> review and discussion.  Please make any suggested edits using the 
>> Word redlining function and save the file with your name before 
>> sending it to the CWG list.  Questions and comments  are also welcome 
>> on this list before you make edits.
>>
>>  
>>
>> Chuck
>>
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