[CWG-Stewardship] A few additional comments for =?ISO-8859-1?B?hSBUd28gYWRkaXRpbw==?=nal webinars on 6-7 May

[Paul M Kane - CWG]

Morning Chuck
 
I think we need to be very clear with regard to the roles and 
responsibilities of ICANN/IANA/gTLD/ccTLD Registry/National Framework... 
as outlined in my email dated 26/10/2014 @ 09:15 UTC - and nothing we 
propose should change that status.

The ccTLD community falls into three groups.  Those who have historically
instructed IANA based on local consensus (see 1591 below), those that have
contracts with ICANN that lay out the roles of each parties, and those who want
ICANN to make decisions and hold the liability for that decision.

> RFC-1591 is very specific on (re)delegations:
>     6) For any transfer of the designated manager trusteeship from one
>        organization to another, the higher-level domain manager (the IANA
>        in the case of top-level domains) must receive communications from
>        both the old organization and the new organization that assure the
>        IANA that the transfer in mutually agreed, and that the new
>        organization understands its responsibilities.
> 
>        It is also very helpful for the IANA to receive communications
>        from other parties that may be concerned or affected by the
>        transfer.

For the "independent" ccTLD operators (non-ccNSO Registry members), the
incumbent and the new operator facilitate the transfer in accordance with the
laws in which the Registry is incorporated - and advise IANA that technical
stability can be assured.  So the "liability" rests with the operators.

There are some ccTLDs that are under contract with ICANN and they indemnify
ICANN should they have agreed that ICANN should make a decision and ICANN
informs IANA of their decision that the process has been followed.

There are other operators without a contract invite ICANN (using policies that
the ccNSO have developed) to make a decision with regard to redelegation and
inform IANA as to the compliance with that Policy - and in so doing pass the
liability for any stability issues to ICANN. 

Best

Paul

Quoting "Gomes, Chuck" <cgomes at verisign.com>:

> I just received the clarification I needed on this from Bernie and Bart.  The
> IANA do the due diligence to ensure that the local laws/community issues are
> satisfied for ccTLDs.  I had mistakenly thought that that was done by ICANN
> staff and reported to the IANA team.  For gTLDs I do not believe that the
> IANA team needs to do any policy checking but just need the confirmation from
> the GDD team that policy is in order.
> 
> I am fine with this.  I see no problem at all that it is handled differently
> for gTLDs and ccTLDs.  Also, if the ccTLD registries are fine with this, that
> is what matters.
>