[CWG-Stewardship] Purpose of PTI
matthew shears
mshears at cdt.org
Wed Jul 20 17:06:45 UTC 2016
Not sure I see the need or value of that additional clause. Unless there
is a very good legal reason for doing so we should avoid layering this
with unnecessary qualifiers.
On 20/07/2016 17:51, Seun Ojedeji wrote:
>
> That could work as well(even though I prefer Andrew's modification),
> but not without including "...exclusively for the benefit of,.." in
> the text which will then result to the following:
>
> "The specific purpose of the corporation is to perform the IANA
> functions on behalf of, and exclusively for the benefit of, the
> Internet Corporation for Assigned Names and Numbers (“*ICANN*”)."
>
> That ensures that PTI remains member(i.e ICANN) driven.
>
> Regards
> Sent from my LG G4
> Kindly excuse brevity and typos
>
>
> On 20 Jul 2016 5:41 p.m., "matthew shears" <mshears at cdt.org
> <mailto:mshears at cdt.org>> wrote:
>
> I'm wondering if we even need to go to that next level. In the
> Services Agreement draft it says: "WHEREAS, following the IANA
> Stewardship Transition, PTI will perform the IANA
> functions on behalf of ICANN;"
>
> So rather than making it more vague/complicated than necessary,
> why wouldn't the PTI bylaws state the following:
>
> "The specific purpose of the corporation is to perform the IANA functions on behalf of the Internet Corporation for Assigned Names and Numbers (“*ICANN*”)."
>
> That is its purpose. Thanks.
>
> Matthew
>
>
>
> On 20/07/2016 17:18, Jonathan Robinson wrote:
>> 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> <mailto:ajs at anvilwalrusden.com>;cwg-stewardship at icann.org <mailto: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> [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 <mailto: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> <mailto:isolatedn at gmail.com>
>>> wrote:
>>>
>>>> Dear Chuck,
>>>>
>>>> On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck<cgomes at verisign.com> <mailto: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> [mailto:
>>>>> 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 <mailto: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 athttps://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 <tel:%2B1%20310%20578%208693>
>>>>>
>>>>> Mobile:+1 310 745 1517 <tel:%2B1%20310%20745%201517>
>>>>>
>>>>> E-mail:yuko.green at icann.org <mailto:yuko.green at icann.org>
>>>>>
>>>>> www.icann.org <http://www.icann.org>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>>
>>>>> CWG-Stewardship mailing list
>>>>>
>>>>> CWG-Stewardship at icann.org <mailto: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 <tel:%2B%2044%20771%202472987>
>>>>>
>>>>>
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>>>>>
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>>>>>
>>>>>
>>>> --
>>>> Sivasubramanian M
>>>> <https://www.facebook.com/sivasubramanian.muthusamy>
>>>> <https://www.facebook.com/sivasubramanian.muthusamy>
>>>>
>>>> _______________________________________________
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>>>> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>>>>
>>>>
>>> _______________________________________________
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>>> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>> --
>> Andrew Sullivan
>> ajs at anvilwalrusden.com <mailto:ajs at anvilwalrusden.com>
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>
> --
>
> --------------
> Matthew Shears
> Global Internet Policy and Human Rights
> Center for Democracy & Technology (CDT)
> + 44 771 2472987 <tel:%2B%2044%20771%202472987>
>
>
> _______________________________________________
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> CWG-Stewardship at icann.org <mailto: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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