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<p>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<br>
functions on behalf of ICANN;"</p>
<p>So rather than making it more vague/complicated than necessary,
why wouldn't the PTI bylaws state the following: <br>
</p>
<pre wrap="">"The specific purpose of the corporation is to perform the IANA functions on behalf of the Internet Corporation for Assigned Names and Numbers (“*ICANN*”)."</pre>
<p>That is its purpose. Thanks.</p>
<p>Matthew<br>
</p>
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<div class="moz-cite-prefix">On 20/07/2016 17:18, Jonathan Robinson
wrote:<br>
</div>
<blockquote cite="mid:003101d1e2a2$4e9dd180$ebd97480$@afilias.info"
type="cite">
<pre wrap="">Copying in Sharon from Sidley as suggested by Greg on yesterday's CWG call.
Jonathan
-----Original Message-----
From: Gomes, Chuck [<a class="moz-txt-link-freetext" href="mailto:cgomes@verisign.com">mailto:cgomes@verisign.com</a>]
Sent: 19 July 2016 14:31
To: 'Andrew Sullivan' <a class="moz-txt-link-rfc2396E" href="mailto:ajs@anvilwalrusden.com"><ajs@anvilwalrusden.com></a>; <a class="moz-txt-link-abbreviated" href="mailto:cwg-stewardship@icann.org">cwg-stewardship@icann.org</a>
Subject: Re: [CWG-Stewardship] Purpose of PTI
Andrew's suggestion works for me.
Chuck
-----Original Message-----
From: <a class="moz-txt-link-abbreviated" href="mailto:cwg-stewardship-bounces@icann.org">cwg-stewardship-bounces@icann.org</a> [<a class="moz-txt-link-freetext" href="mailto:cwg-stewardship-bounces@icann.org">mailto:cwg-stewardship-bounces@icann.org</a>] On Behalf Of Andrew Sullivan
Sent: Tuesday, July 19, 2016 9:26 AM
To: <a class="moz-txt-link-abbreviated" href="mailto:cwg-stewardship@icann.org">cwg-stewardship@icann.org</a>
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:
</pre>
<blockquote type="cite">
<pre wrap="">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
<a class="moz-txt-link-rfc2396E" href="mailto:isolatedn@gmail.com"><isolatedn@gmail.com></a>
wrote:
</pre>
<blockquote type="cite">
<pre wrap="">Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <a class="moz-txt-link-rfc2396E" href="mailto:cgomes@verisign.com"><cgomes@verisign.com></a> wrote:
</pre>
<blockquote type="cite">
<pre wrap="">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.”
</pre>
</blockquote>
<pre wrap="">
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
</pre>
<blockquote type="cite">
<pre wrap="">
I agree with Matthew that it is not PTI’s purpose to perform all of
ICANN’s functions and purposes.
Chuck
*From:* <a class="moz-txt-link-abbreviated" href="mailto:cwg-stewardship-bounces@icann.org">cwg-stewardship-bounces@icann.org</a> [mailto:
<a class="moz-txt-link-abbreviated" href="mailto:cwg-stewardship-bounces@icann.org">cwg-stewardship-bounces@icann.org</a>] *On Behalf Of *matthew shears
*Sent:* Friday, July 15, 2016 5:28 AM
*To:* Yuko Green; <a class="moz-txt-link-abbreviated" href="mailto:cwg-stewardship@icann.org">cwg-stewardship@icann.org</a>
*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
<a class="moz-txt-link-freetext" href="https://www.icann.org/uploads/iana_work_session_asset/attachment/37">https://www.icann.org/uploads/iana_work_session_asset/attachment/37</a>
3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf
and the AC room recording at <a class="moz-txt-link-freetext" href="https://icann.adobeconnect.com/p3qeid579y7/">https://icann.adobeconnect.com/p3qeid579y7/</a>.
****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: <a class="moz-txt-link-abbreviated" href="mailto:yuko.green@icann.org">yuko.green@icann.org</a>
<a class="moz-txt-link-abbreviated" href="http://www.icann.org">www.icann.org</a>
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--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
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<pre wrap="">
--
Sivasubramanian M
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<pre wrap="">
</pre>
<blockquote type="cite">
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<pre wrap="">
--
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<pre class="moz-signature" cols="72">--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987</pre>
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