[CWG-Stewardship] CCWG-ACCT Request for Guidance on PTI - IRP - Please respond by 23h59 UTC Monday 25 January 2016
Matthew Shears
mshears at cdt.org
Tue Jan 26 11:51:02 UTC 2016
This is an interesting question. Para 107 says: /This final proposal
attempts to meet all of the above requirements by://... //Establishing a
contract between PTI and ICANN that will grant PTI the rights to act as
the IFO, and set out the rights and obligations of PTI and ICANN/*
*
Could/should the concerns raised by Becky and Greg be addressed in the
"rights and obligations" part of the contract outlined above, and if so
does the Draft Proposed Term Sheet in Annex S adequately account for the
concerns raised in this thread? (My cursory read suggests that it does
not.)
Matthew
On 26/01/2016 04:17, Greg Shatan wrote:
> Becky,
>
> That is my impression as well.
>
> Greg
>
> On Mon, Jan 25, 2016 at 4:05 PM, Burr, Becky <Becky.Burr at neustar.biz
> <mailto:Becky.Burr at neustar.biz>> wrote:
>
> My impression based on the various posts is that we need both a
> general provision regarding ICANN’s obligation to cause the PTI to
> fulfill its obligations (the failure to do so would give rise to a
> standard IRP) and we need something to address SLA failures, etc.
> with a operational (rather than constitutional) standard of review.
>
> *J. Beckwith Burr****
> **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> *Office:***+1.202.533.2932 <tel:%2B1.202.533.2932>
> *Mobile:***+1.202.352.6367 <tel:%2B1.202.352.6367>
> */**neustar.biz* <http://www.neustar.biz>
>
>
> From: Greg Shatan <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>>
> Date: Monday, January 25, 2016 at 3:22 PM
> To: Becky Burr <becky.burr at neustar.biz
> <mailto:becky.burr at neustar.biz>>
> Cc: "avri at acm.org" <avri at acm.org>, "cwg-stewardship at icann.org"
> <cwg-stewardship at icann.org>
> Subject: Re: [CWG-Stewardship] CCWG-ACCT Request for Guidance on
> PTI - IRP - Please respond by 23h59 UTC Monday 25 January 2016
>
> Becky,
>
> have we specified that there should be such a provision in the Bylaws?
>
> I guess we have left to "implementation" the agreement between
> ICANN and PTI. I don't believe this has been picked up yet. Am I
> correct? If so, that should probably change soon.
>
> Greg
>
> On Mon, Jan 25, 2016 at 10:45 AM, Burr, Becky
> <Becky.Burr at neustar.biz <mailto:Becky.Burr at neustar.biz>> wrote:
>
> Presumably if ICANN has an obligation in its Bylaws to ensure
> that PTI
> does the right thing, it will need to create the necessary
> enforcement
> mechanisms in its relationship with PTI.
>
>
> J. Beckwith Burr
> Neustar, Inc. / Deputy
> General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> Office: +1.202.533.2932 <tel:%2B1.202.533.2932> Mobile:
> +1.202.352.6367 <tel:%2B1.202.352.6367> / neustar.biz
> <http://neustar.biz>
> <http://www.neustar.biz>
>
>
>
>
> On 1/25/16, 10:30 AM, "Avri Doria" <avri at acm.org> wrote:
>
> >Hi,
> >
> >Another nagging question I have, and one I think people tell
> me I am
> >wrong about becase of MOUs and contracts.
> >
> >In the PTI environment, given that ICANN remains the
> representative for
> >2 of the operational communities, and they resolve their IANA
> issues
> >with ICANN based on contracts and MOUs, how do we expect
> ICANN to get
> >what it needs from IANA on their behalf?
> >
> >Will, as today. they just tell IANA what to do and that will
> be the end
> >of it.
> >
> >The other OCs have indicated that any appeals mechanisms we
> create are
> >irrelevant to their case - they have their own methods. But
> these
> >methods involve ICANN and not PTI. Does ICANN need to appeal
> on their
> >behalf? How does it do this?
> >
> >avri
> >
> >---
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--
Matthew Shears | Director, Global Internet Policy & Human Rights Project
Center for Democracy & Technology | cdt.org
E:mshears at cdt.org | T: +44.771.247.2987
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