[CWG-Stewardship] Notes, Recordings, Transcript CWG IANA F2F Day 1 Session 4 | 26 March
Brenda Brewer
brenda.brewer at icann.org
Thu Mar 26 16:54:44 UTC 2015
Dear all,
The notes, recordings and transcripts for the CWG IANA Face to Face Day 1 Session 4 Meeting on 26
March are available here: Session 4
<https://community.icann.org/display/gnsocwgdtstwrdshp/Session+4%3A++Assessment+of+DTs+and+Post-tran
sition+structural+considerations>
Notes
* Final session of the afternoon
* Sidley Austin presenting
* ICANN is paying the fees for Sidley's services
* Holly Gregory and Sharon Flanagan are present in Istanbul but there is a whole team with
multiple areas of expertise to complement the group and respond to the CWG's needs
* CWG provided two sets of questions and Sidley provided written responses.
* Structured the presentation differently (thematic). Not in order of preference
* What is the multistakholder body being considered?
PLEASE REFER TO SLIDES AND TRANSCRIPT FOR FULL LEGAL DETAILS, QUESTIONS, AND RESPONSES.
All Client Committee Documents are posted here: <https://community.icann.org/x/8g8nAw>
https://community.icann.org/x/8g8nAw
External Solutions (Contract Co. & External Trust)
Contract Co.
* In short: Is it a feasible structure? Yes
* The Board of Contract Co. has ultimate authority so it could be the MRT
External Trust
* Could a trust function as an external solution? Yes
Internal Solutions (Governance solutions & Internal Trust)
Governance Solution
* lots of mechanisms available to enhance governance
Internal Trust
* Main difference with 'external trust' is who is the trustee. Here, ICANN would be the
trustee.
* Need to define beneficiaries of the trust (trustee's duty is to those beneficiaries)
* Trust is not recognized in all jurisdictions
Communtity Organization Structure (Internet Community Association)
* It may not be recognized in all jurisdictions
Hybrid / Integrated Model
Three variants:
1. Free Standing
2. Unincorporated Association
3. Affiliate of ICANN, IETF, RIRs --> can be complex legally
* How is this more prone to capture? because there is a concentration of power
All of the structures discussed have directors.
Stewardship, Technical, Policy
There may be some models that we can start to weed out (need a list of options and main
disadvantages possible)
Important to think of the motivation and the requirements. Not to "die in a ditch" about a model
Options on the table:
* Contract Co.
* External Trust
* Governance Solution ("constitutional bylaw")
* Internal Trust
* Community Organization Structure (Internet Community Association)
* Hybrid / Integrated Model -- Variant 1 (Free Standing)
* Hybrid / Integrated Model -- Variant 2 (Unincorporated Association)
* Hybrid / Integrated Model -- Variant 3 (Affiliate)
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