[CWG-Stewardship] FW: [client com] IFRT Recommendations for Contract, SOW or CSC Charter Amendments

Tue Apr 12 18:28:23 UTC 2016

Sent from my LG G4
Kindly excuse brevity and typos
On 12 Apr 2016 7:05 p.m., "Mueller, Milton L" <milton at gatech.edu> wrote:
>
> ICANN is only a direct party for numbers and protocols, and that could
change over time as either could decide to contract directly with PTI after
it is more well-established.
>
SO: I don't think the above makes a difference as it's out of scope here.
The numbers/protocol can make their decisions accordingly.

>
In the case of names, however, ICANN, under the guidance of the ICANN
community is the entity which contracts with PTI, which is why it makes
little sense for ICANN corporate to have a “consultation right” regarding
remedies to the performance of PTI
>
SO: IMO I think this is significantly out of line. I am not a lawyer but it
seem to Mr to be in order that ICANN being a party to the contract to have
"consultation rights". As you rightly said, the community provides guidance
and somewhat oversight on ICANN's activity as it engages with PTI. One may
then say it will be irresponsible of ICANN not to consulate with PTI when
required to resolve issue but always wait on the community to raise
issues/concerns.

That said, if it is not clear in the bylaw that any such consultation be
transparently done and carry the community along (as much as required) then
perhaps such clarification should be made.

Regards

>
>
> From: cwg-stewardship-bounces at icann.org [mailto:
cwg-stewardship-bounces at icann.org] On Behalf Of Greg Shatan
> Sent: Tuesday, April 12, 2016 10:39 AM
> To: Lindeberg, Elise <elise.lindeberg at nkom.no>
> Cc: cwg-stewardship at icann.org
> Subject: Re: [CWG-Stewardship] FW: [client com] IFRT Recommendations for
Contract, SOW or CSC Charter Amendments
>
>
>
> Elise --
>
>
>
> You can speak my  name (and it's not "Voldemort").
>
>
>
> Greg 😈
>
>
>
> On Tue, Apr 12, 2016 at 9:49 AM, Lindeberg, Elise <elise.lindeberg at nkom.no>
wrote:
>>
>> I agree with - if ICANN is a part of the contract anyway, let’s put a
consultation right in predictable frame.
>>
>>
>>
>> Elise
>>
>>
>>
>> Fra: cwg-stewardship-bounces at icann.org [mailto:
cwg-stewardship-bounces at icann.org] På vegne av Greg Shatan
>> Sendt: 12. april 2016 15:43
>> Til: Gomes, Chuck
>> Kopi: cwg-stewardship at icann.org
>> Emne: Re: [CWG-Stewardship] FW: [client com] IFRT Recommendations for
Contract, SOW or CSC Charter Amendments
>>
>>
>>
>> If ICANN is a direct party to the contract, a consultation right seems
appropriate.  I expect they would find a way to make their concerns known
with or without a formal consultation right, so it's probably better to
define how that will happen.  This can avoid unfortunately timed ad hoc
interventions.
>>
>>
>>
>> Greg
>>
>>
>>
>> On Tue, Apr 12, 2016 at 9:11 AM, Gomes, Chuck <cgomes at verisign.com>
wrote:
>>
>> I have two thoughts on this:
>>
>> ·         Because PTI will be an affiliate of ICANN, would the
consultation with PTI suffice?
>>
>> ·         ICANN could comment during the public comment period.
>>
>>
>>
>> That said, I don’t initially see any problems with a consultation with
ICANN except that it might add more time to the process.  Therefore, if it
happens, I think it should happen in parallel with one of the other steps.
>>
>>
>>
>> Chuck
>>
>>
>>
>> From: cwg-stewardship-bounces at icann.org [mailto:
cwg-stewardship-bounces at icann.org] On Behalf Of Jonathan Robinson
>> Sent: Tuesday, April 12, 2016 8:40 AM
>> To: cwg-stewardship at icann.org
>> Subject: [CWG-Stewardship] FW: [client com] IFRT Recommendations for
Contract, SOW or CSC Charter Amendments
>>
>>
>>
>> All,
>>
>>
>>
>> Please review below and provide any relevant input as soon as possible.
>>
>>
>>
>> Thanks,
>>
>>
>>
>> Jonathan
>>
>>
>>
>> From: Flanagan, Sharon [mailto:sflanagan at sidley.com]
>> Sent: 12 April 2016 02:33
>> To: Client Committee <cwg-client at icann.org>
>> Subject: [client com] IFRT Recommendations for Contract, SOW or CSC
Charter Amendments
>>
>>
>>
>> Dear All,
>>
>>
>>
>> There is an open question in the ICANN draft bylaws relating to
IFRT-recommended amendments to the IANA Naming Function Contract, SOW and
the CSC Charter (Section 18.6(a)(i)).  ICANN had requested a consultation
right on amendments to the Contract and SOW since it is a party to the
Contract.  On the CWG call, there was a comment on whether the consultation
right for the ICANN board was appropriate.   The CWG proposal does not
contemplate an ICANN consultation right.
>>
>>
>>
>> Paragraph 272 of the CWG proposal states:
>>
>>
>>
>> 272               The review could identify recommended amendments to
the IANA SOW to address any performance deficiencies, or to the CSC charter
to address any issues or deficiencies. The process of developing and
approving amendments will take place through a defined process that
includes, at minimum, the following steps, in advance of an amendment to
either document being proposed:
>>
>> ›        Consultation with the IANA Functions Operator;
>>
>> ›        Consultation with the CSC;
>>
>> ›        Public input session for ccTLD and gTLD operators; and
>>
>> ›        Public comment period.
>>
>>
>>
>>
>>
>> Best regards,
>>
>> Sharon
>>
>>
>>
>> SHARON R. FLANAGAN
>>
>>
>> SIDLEY AUSTIN LLP
>> 555 California Street
>> Suite 2000
>> San Francisco, CA 94104
>> +1 415 772 1271
>> sflanagan at sidley.com
>> www.sidley.com
>>
>>
>>
>>
>>
>>
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