[CWG-Stewardship] Concern with Contract Co.

[Greg Shatan]

Olivier,

It is certainly my recollection that there were some discussions that
involved alternatives to creating a corporation (whether another type of
legal entity, such as a trust, or a group that had no legal status, such as
a committee).  It was even suggested that an existing organization, such as
the IETF (not a legal entity, actually) or ISOC or the IETF Trust (which
exists to hold and license IPR), could be used to contract with the IANA
Functions Provider.  I think these tended to fall away and did not find
traction as we moved along, especially as the use of a contract came to the
fore, which required an entity capable of contracting.

Also, I think that Guru's summary in this thread of how the process went
along is pretty much on target, at least as far as the big picture goes,
and I applaud him for following (and participating in) this process with
such diligence and perceptiveness.

Greg

P.S.  I was once told, when I had trouble making up mind about something,
that I should not want my epitaph to be "He Kept His Options Open."  I
think that applies here as well.

On Fri, Nov 28, 2014 at 8:16 PM, Olivier MJ Crepin-Leblond <ocl at gih.com>
wrote:

>  Greg,
>
> again, did we ever consider an alternative to creating a corporation?
> Kind regards,
>
> Olivier
>
>
> On 29/11/2014 00:32, Greg Shatan wrote:
>
>  Olivier,
>
> I'm not sure exactly what you mean by the "configuration" of Contract Co.
> We certainly have discussed the "form" the entity would take, i.e., a
> nonprofit corporation.  Place of incorporation has not been significantly
> discussed in recent days, though we had a number of email exchanges and
> some discussion of jurisdiction earlier in a variety of contexts.
>
>  Greg
>
> On Fri, Nov 28, 2014 at 6:19 PM, Olivier MJ Crepin-Leblond <ocl at gih.com>
> wrote:
>
>>
>> On 28/11/2014 16:36, Milton L Mueller wrote:
>>
>>
>>
>>
>>
>> *From:* cwg-stewardship-bounces at icann.org [
>> mailto:cwg-stewardship-bounces at icann.org
>> <cwg-stewardship-bounces at icann.org>] *On Behalf Of *Bertrand de La
>> Chapelle
>>
>>  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.
>>
>>
>>
>> MM: The idea that there should be a contracting entity separate from
>> ICANN is, I believe, a done deal. It reflects some of the principles we
>> agreed on (such as separability) and the general agreement that, as the
>> draft proposal says,
>>
>> “The current arrangements provided by the NTIA for the oversight and
>> accountability of the IANA Functions are generally satisfactory and the
>> objective of the CWG is to replicate these as faithfully as possible”
>>
>>
>>  This is not at all how I understood it. The discussion on whether the
>> "contracting entity" should be a contract co. or something else has never
>> been touched - certainly no alternatives have been seriously considered.
>>
>>
>>
>> MM: On the other hand, whether the specific configuration of the Contract
>> Co. is optimal for achieving those purposes could still be open. I would
>> say is still open to _modification_; any modification that accomplishes the
>> agreed objectives but avoids any problems that might arise would be
>> welcomed by the CWG I imagine.
>>
>>
>>  The configuration of the Contract Co. has not been discussed either. We
>> know what functions should be undertaken and what broad characteristics
>> would be needed. No discussion of jurisdiction nor configuration of the
>> entity has been done except on RFP4 call today where we started to touch on
>> it.
>>
>> Kind regards,
>>
>> Olivier
>>
>> _______________________________________________
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>> CWG-Stewardship at icann.org
>> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>>
>>
>
>
> --
>
> *Gregory S. Shatan **ï* *Abelman Frayne & Schwab*
>
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>
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>
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>
>
> --
> Olivier MJ Crépin-Leblond, PhDhttp://www.gih.com/ocl.html
>
>


-- 

*Gregory S. Shatan **ï* *Abelman Frayne & Schwab*

*666 Third Avenue **ï** New York, NY 10017-5621*

*Direct*  212-885-9253 *| **Main* 212-949-9022

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