[CWG-Stewardship] [IANA-issues] Fwd: Names Community vs the other two communities

[Phil Corwin]

ICANN currently performs the IANA functions under contract to USG at no charge, so what is the revenue source?

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Philip S. Corwin, Founding Principal
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"Luck is the residue of design" -- Branch Rickey
From: Greg Shatan
Sent: Thursday, October 23, 2014 5:08 PM
To: Burr, Becky
Cc: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] [IANA-issues] Fwd: Names Community vs the other two communities


I don't think there's any reason to assume that IANA, Inc. would be an asset-less entity.  The assets that the IANA department uses to perform its functions could (and probably should) become assets of IANA, Inc.  Likewise, the employees of the IANA department could become employees of IANA, Inc.  Capitalizing the entity and giving it revenue would be a challenge, but not an unreasonable one.  As for piercing the corporate veil, I don't think that would be a paramount concern for ICANN, since they are now fully liable for the acts of the IANA department.

Finally, I doubt that one would need to replicate the broader accountability mechanisms -- amend and adapt, yes -- but not replicate.

Greg Shatan

On Thu, Oct 23, 2014 at 4:22 PM, Burr, Becky <Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz>> wrote:
And aren’t we concerned that incorporating IANA as a sub leaves users depending on an asset-less entity in the event there is a problem?  Presumably, ICANN would want to set up a sub that would survive an attempt to pierce the corporate veil.  In addition, we would have to replicate all of the broader (other than SLA) accountability mechanisms.


J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
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Office: + 1.202.533.2932<tel:%2B%201.202.533.2932>  Mobile:  +1.202.352.6367<tel:%2B1.202.352.6367>  / becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz<http://www.neustar.biz>

From: Milton L Mueller <mueller at syr.edu<mailto:mueller at syr.edu>>
Date: Thursday, October 23, 2014 at 3:51 PM
To: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>, "cwg-stewardship at icann.org<mailto:cwg-stewardship at icann.org>" <cwg-stewardship at icann.org<mailto:cwg-stewardship at icann.org>>
Subject: Re: [CWG-Stewardship] [IANA-issues] Fwd: Names Community vs the other two communities



From: cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org> [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Greg Shatan



1.     Make IANA a Subsidiary of ICANN.  In order to promote structural separation, and to allow for future separation of the IANA group from ICANN should that become appropriate, IANA could become a wholly-owned subsidiary of ICANN (rather than a department).  This would allow other entities to contract directly with IANA, rather than contracting with ICANN for IANA services.This would also make future separation easier (and should make the threat of separation as an accountability mechanism more realistic).

MM: Based on my initial, rather quick evaluation of this idea, I think it is a good idea for the short term; in fact, those who argue for a new, independent contracting authority might be well-served if IANA were a separate subsidiary of ICANN. This would, as Greg suggests, make it easier to contract separately with ICANN’s IANA and facilitate the kind of separability that might be required in the future.

However, this would be the easy part. The hard part is: who awards the contract?

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