[CWG-Stewardship] Concern with Contract Co.

[Greg Shatan]

Bertrand:

I think there are effective ways to limit the growth of entities that are
created from the beginning as limited purpose entities -- e.g., in the
articles of incorporation and by-laws, through use of covenants, etc.

Drafting and negotiating (even to a limited extent) 1000+ contracts (in
essence, either amending or paralleling all of the gTLD registry
agreements, plus contracting with each of the ccTLD registries, many of
whom are not in contract with ICANN and don't wish to be)) sounds like a
huge challenge to me.  And that leaves the issues of how these groups
coordinate and fulfill the functions of NTIA, and where the
multistakeholder aspect of this is.

As for jurisdiction, the less independent and important ContractCo is (and
the more it is a conduit for the PRT and by extension the MS community),
the less important its place of incorporation is, except as a proxy for
other issues that really have little to do with jurisdiction per se.

To answer your question directly -- while I don't think anything is
formally "off the table," that has not been an idea really put "on the
table" in this group -- and the only thing more difficult than building an
airplane in mid-air is changing it to a helicopter midstream.

For what its worth, I note that this idea is similar to part of the Paul
Twomey paper that was released this week....

Greg

On Thu, Nov 27, 2014 at 8:07 AM, Bertrand de La Chapelle <
bdelachapelle at gmail.com> wrote:

> Additional comment: any formal entity (Contract Co.) brings the recurrent
> question of where it is incorporated.
>
> B.
>
> "*Le plus beau métier des hommes, c'est d'unir les hommes*", Antoine de
> Saint Exupéry
> ("*There is no greater mission for humans than uniting humans*")BERTRAND
> DE LA CHAPELLEInternet & Jurisdiction Project | Director
>
> On Thu, Nov 27, 2014 at 2:05 PM, Bertrand de La Chapelle <
> bdelachapelle at gmail.com> wrote:
>
>> Is the idea of a contract Co. a done deal? Establishing any organization
>> with whatever limited staff is usually a recipe for its growth in time.
>>
>> Is the option of having separate complementary contracts by the different
>> users of the IANA functions off the table?
>>
>> B.
>>
>> "*Le plus beau métier des hommes, c'est d'unir les hommes*", Antoine de
>> Saint Exupéry
>> ("*There is no greater mission for humans than uniting humans*")BERTRAND
>> DE LA CHAPELLEInternet & Jurisdiction Project | Director
>>
>> On Thu, Nov 27, 2014 at 11:43 AM, Avri Doria <avri at acm.org> wrote:
>>
>>>  Hi,
>>>
>>> I think this has exactly a 180 degree wrong approach
>>>
>>> • Contract Co. – This is a not for profit company whose only function is
>>> to be signatory to the contract with the IANA Functions Operator. As such
>>> this entity would have no staff.
>>>
>>>
>>> I think that this should have nothing but staff, a minimal staff of one
>>> or two  I.e it should have a neutral Administrator that does what the PRT
>>> tells her to do in terms of the contract adminstration, and perhaps a
>>> backup/aise.  It could also be the Root Zone Management Process
>>> Administrator as that is a clerical staff function.
>>>
>>> avri
>>>
>>>
>>> _______________________________________________
>>> CWG-Stewardship mailing list
>>> CWG-Stewardship at icann.org
>>> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>>>
>>>
>>
>
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>


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