[CWG-Stewardship] Purpose of PTI

Wed Jul 20 16:18:09 UTC 2016

Copying in Sharon from Sidley as suggested by Greg on yesterday's CWG call.

Jonathan

-----Original Message-----
From: Gomes, Chuck [mailto:cgomes at verisign.com] 
Sent: 19 July 2016 14:31
To: 'Andrew Sullivan' <ajs at anvilwalrusden.com>; cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] Purpose of PTI

Andrew's suggestion works for me.

Chuck

-----Original Message-----
From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Andrew Sullivan
Sent: Tuesday, July 19, 2016 9:26 AM
To: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] Purpose of PTI

I think you are rapidly walking in to angry terminological disputes that will delay the incorporation of PTI.

What about saying something like "relating to certain Internet registries and certain Internet Domain Name System zones, consistent with ICANN's Mission," or something like that?

A

On Tue, Jul 19, 2016 at 09:22:53AM -0400, Greg Shatan wrote:
> I suggest considering something more specific than "relating to IANA 
> services" (especially since the second word in the paragraph is
> "specific") in stating the purpose of PTI, since "IANA services" is 
> not a defined term nor is it self-explanatory.  Rather it is a "term 
> of art," and undefined terms of art are generally to be avoided 
> wherever possible in drafting legal documents.
> 
> We could use the current statement of purpose in the ICANN Articles as 
> a jumping off point, i.e.:
> 
> The specific purpose of the Corporation is to operate exclusively for 
> the benefit of, to perform the functions of and to carry out the 
> purposes of the Internet Corporation for Assigned Names and Numbers 
> (“*ICANN*”), namely (i) coordinating the assignment of Internet 
> technical parameters as needed to maintain universal connectivity on 
> the Internet; (ii) performing and overseeing functions related to the coordination of the Internet Protocol ("
> *IP*") address space; (iii) performing and overseeing functions 
> related to the coordination of the Internet domain name system 
> ("*DNS*"); and (iv) overseeing operation of the authoritative Internet DNS root server system.
> 
> I recognize that we'll probably want to change some of the verbs here 
> to more accurately reflect ICANN/IANA's role vs. that of the IETF and 
> RIRs, but I think this provides a good starting place for an 
> appropriately specific statement of purpose.
> 
> Greg
> 
> On Fri, Jul 15, 2016 at 11:35 AM, Sivasubramanian M 
> <isolatedn at gmail.com>
> wrote:
> 
> > Dear Chuck,
> >
> > On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <cgomes at verisign.com> wrote:
> >
> >> Would it work to make the following change:?  “The specific purpose 
> >> of the Corporation is to operate exclusively for the benefit of, to 
> >> perform the functions of and to carry out the purposes of the 
> >> Internet Corporation for Assigned Names and Numbers (“*ICANN*”) related to the IANA services.”
> >>
> >
> > Even without the change, 'related to IANA services' is implied, 
> > but there is no harm in saying it explicitly. When PTI operates for 
> > the benefit of ICANN, and ICANN is built up on the foundation of a 
> > fair accountability framework it, it necessarily follows that PTI 
> > would act in global public interest.
> >
> > Sivasubramanian M
> >
> >
> >
> >>
> >>
> >> I agree with Matthew that it is not PTI’s purpose to perform all of 
> >> ICANN’s functions and purposes.
> >>
> >>
> >>
> >> Chuck
> >>
> >>
> >>
> >> *From:* cwg-stewardship-bounces at icann.org [mailto:
> >> cwg-stewardship-bounces at icann.org] *On Behalf Of *matthew shears
> >> *Sent:* Friday, July 15, 2016 5:28 AM
> >> *To:* Yuko Green; cwg-stewardship at icann.org
> >> *Subject:* Re: [CWG-Stewardship] Purpose of PTI
> >>
> >>
> >>
> >> Hi Yuko - thanks.
> >>
> >> As I noted in the CWG chat yesterday I am uncomfortable with this 
> >> definition of the purpose of PTI:  "The specific purpose of the 
> >> Corporation is to operate exclusively for the benefit of, to 
> >> perform the functions of and to carry out the purposes of the 
> >> Internet Corporation for Assigned Names and Numbers (“*ICANN*”)."
> >>
> >> This is very broad and very vague.   My understanding was that the
> >> purpose of the PTI subsidiary was to perform the IANA functions 
> >> pursuant to an inter-company contract established between ICANN and 
> >> PTI.  This is very different from the proposed language.  Of course 
> >> we also need to see the inter company agreement to ensure that the 
> >> purpose of PTI is similarly parametered.
> >>
> >> Matthew
> >>
> >>
> >>
> >> On 14/07/2016 19:00, Yuko Green wrote:
> >>
> >> Dear members of the CWG,
> >>
> >>
> >>
> >> From today’s CWG call #82, we stated that we will provide the 
> >> transcript from the IOTF call where we discussed about the purpose 
> >> stated within the PTI Bylaws and Articles. Extracted below is the 
> >> transcript and chat history specifically around this topic. The 
> >> whole transcript is available at
> >> https://www.icann.org/uploads/iana_work_session_asset/attachment/37
> >> 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf
> >> and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
> >>
> >>
> >>
> >>
> >> ****Transcript****
> >>
> >>
> >>
> >> Paul Kane: In the articles of association, it says the sole 
> >> function – apparently I haven’t read it, again I apologize – 
> >> function of PTI is to serve ICANN. Historically the function of 
> >> IANA has been to serve the community, ICANN just happens to be the 
> >> contract to doing it. And I don’t know if that is correct, if that’s what’s in the articles of incorporation.
> >> But if that is, it sort of has lost the raison d’etre of PTI. It is 
> >> not a service sector of ICANN because that makes it feel like a 
> >> department. It’s actually trying to serve a broader community such 
> >> as the naming community, the protocols and the numbers. But I 
> >> haven’t read it so I will try and read it so I might be wrong.
> >>
> >>
> >>
> >> Trang Nguyen: Thanks, Paul. Let me – so Section 3 of the articles 
> >> says this – it does say that the specific purpose of PTI is to 
> >> operate exclusively for the benefit of and to perform the functions 
> >> of and carry out the purposes of ICANN. And I want to go back and 
> >> double check that again the language that is in the ICANN bylaws 
> >> that has been adopted because I think some of this is the 
> >> reflection of what’s included in the ICANN bylaws. So we want to do 
> >> that cross check and come back to this group and see how it aligns 
> >> with – what’s in the ICANN bylaws. But that is currently what is 
> >> reflected in the PTI articles of incorporation. There are some 
> >> comments in the chat from James. Things that affect the agreement 
> >> are done by contract with ICANN for protocol and numbers means that 
> >> there needs to be language to that effect in the PTI articles…
> >>
> >>
> >>
> >> James Gannon: So, yes, Paul, I had a similar comment from somebody 
> >> else as well from the IETF area. And I think in I suppose 
> >> philosophical principle, yes, it is a slight change but I think in 
> >> the reality the fact that both the numbers and protocol communities 
> >> will still contract with ICANN it needs to be very clear in PTI’s 
> >> documents then that, yes, it is for the purposes of fulfilling the 
> >> IANA functions it needs to be able to serve the owners of those 
> >> contracts, which is ICANN still. So I think philosophically, yes, 
> >> it doesn’t really sound very right, but I think for the realities 
> >> of running PTI and for PTI to be accountable through the mechanisms 
> >> that we’ve built up that there does need to be language like that 
> >> inside the articles to make sure that it’s clear that the – those 
> >> two communities have the right of PTI serving their needs but also 
> >> then the accountability mechanism that we’ve put into ICANN are 
> >> also then bound to PTI by that language going backwards. And I think Trang is right that it’s also reflected in the ICANN bylaws going downwards towards PTI.
> >>
> >>
> >>
> >> Trang Nguyen: Thank you, James. And I see Russ has similar comments 
> >> in the chat as well that the contract for the protocol parameters 
> >> function as well as with the numbers are with ICANN and not PTI.
> >>
> >>
> >>
> >>
> >>
> >> ****Chat****
> >>
> >>
> >>
> >> Trang Nguyen:  The specific purpose of the Corporation is to 
> >> operate exclusively for the benefit of, to perform the functions 
> >> of, and to carry out the purposes of the Internet Corporation for 
> >> Assigned Names and Numbers, a California nonprofit public benefit corporation(“ICANN”).
> >>
> >>
> >>
> >> James Gannon: I think this was Stephens comment yes? I think that 
> >> the fact that the agreements are done via contact to ICANN for 
> >> protocol and numbers means that there needs to be language to that 
> >> effect in the PTI articles
> >>
> >>
> >>
> >> James Gannon: (Sorry no mic)
> >>
> >>
> >>
> >> Paul Kane: A cross check is welcome but I hope you see my point it 
> >> is off target
> >>
> >>
> >>
> >> Russ Housley: @Paul, the Numbers and Protocol Parameter communities 
> >> have their agreements with ICANN, not PTI.
> >>
> >>
> >>
> >> Paul Kane: Good Point Russ
> >>
> >>
> >>
> >> Russ Housley: @Paul, ICANN is choosing to put that work in PTI.
> >>
> >>
> >>
> >> Russ Housley: @Paul, so PTI is an affiliate of ICANN to perform all 
> >> of that work
> >>
> >>
> >>
> >> Paul Kane: ok -thanks
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >> Regards,
> >>
> >>
> >>
> >> *Yuko Green*
> >>
> >> Strategic Programs Manager
> >>
> >> Global Domains Division
> >>
> >> Internet Corporation for Assigned Names and Numbers (ICANN)
> >>
> >>
> >>
> >> Direct Line:  +1 310 578 8693
> >>
> >> Mobile: +1 310 745 1517
> >>
> >> E-mail:  yuko.green at icann.org
> >>
> >> www.icann.org
> >>
> >>
> >>
> >>
> >>
> >>
> >> _______________________________________________
> >>
> >> CWG-Stewardship mailing list
> >>
> >> CWG-Stewardship at icann.org
> >>
> >> https://mm.icann.org/mailman/listinfo/cwg-stewardship
> >>
> >>
> >>
> >> --
> >>
> >>
> >>
> >> --------------
> >>
> >> Matthew Shears
> >>
> >> Global Internet Policy and Human Rights
> >>
> >> Center for Democracy & Technology (CDT)
> >>
> >> + 44 771 2472987
> >>
> >>
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> >>
> >
> >
> > --
> > Sivasubramanian M
> > <https://www.facebook.com/sivasubramanian.muthusamy>
> >
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> >
> >

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--
Andrew Sullivan
ajs at anvilwalrusden.com
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