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

Olawale Bakare wales.baky at googlemail.com
Thu Oct 23 21:52:04 UTC 2014


+1. Would that suggest an agreement and/or MOU rather than a contract?

Cheers
On Oct 23, 2014 10:14 PM, "Phil Corwin" <psc at vlaw-dc.com> wrote:

>  ICANN currently performs the IANA functions under contract to USG at no
> charge, so what is the revenue source?
>
>  Sent from my BlackBerry 10 smartphone.
>
> Philip S. Corwin, Founding Principal
> Virtualaw LLC
> 1155 F Street, NW. Suite 1050
> Washington, DC 20004
> 202-559-8597/Direct
> 202-559-8750/Fax
> 202-255-6172/Cell
> Twitter: @VLawDC
>
> "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>
> 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
>>
>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
>>
>> Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
>> becky.burr at neustar.biz / www.neustar.biz
>>
>>   From: Milton L Mueller <mueller at syr.edu>
>> Date: Thursday, October 23, 2014 at 3:51 PM
>> To: Greg Shatan <gregshatanipc at gmail.com>, "cwg-stewardship at icann.org" <
>> 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
>> <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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