[council] RE: IPC Support for Letter of Instruction regarding IANA IPR

[Phil Corwin]

Chiming in from the BC, no objections have been heard so we are fine with GNSO inclusion.

Have a good transition weekend, all.

Philip S. Corwin, Founding Principal
Virtualaw LLC
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From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On Behalf Of James M. Bladel
Sent: Friday, September 30, 2016 6:27 PM
To: GNSO Council List
Cc: Greg Shatan
Subject: [council] FW: IPC Support for Letter of Instruction regarding IANA IPR

Councilors –

Please see the note below from Greg Shatan on behalf of the IPC, and also some important context on the CWG Instruction Letter.

Thank you,

J.


From: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Date: Friday, September 30, 2016 at 17:16
To: "James M. Bladel" <jbladel at godaddy.com<mailto:jbladel at godaddy.com>>, Heather Forrest <Heather.Forrest at acu.edu.au<mailto:Heather.Forrest at acu.edu.au>>, "Donna Austin (Donna.Austin at neustar.biz<mailto:Donna.Austin at neustar.biz>)" <Donna.Austin at neustar.biz<mailto:Donna.Austin at neustar.biz>>, Glen de Saint Géry <glen at icann.org<mailto:glen at icann.org>>
Cc: Kiran Malancharuvil <Kiran.Malancharuvil at markmonitor.com<mailto:Kiran.Malancharuvil at markmonitor.com>>, Lori Schulman <lschulman at inta.org<mailto:lschulman at inta.org>>, "Paul McGrady (Policy)" <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>>, "Steven J. Metalitz" <met at msk.com<mailto:met at msk.com>>, "Vayra, Fabricio (Perkins Coie)" <FVayra at perkinscoie.com<mailto:FVayra at perkinscoie.com>>
Subject: IPC Support for Letter of Instruction regarding IANA IPR

James,

On behalf of the IPC, I would like to convey to you and to the GNSO Council that the IPC supports GNSO inclusion in the Letter of Instruction and responding "yes" to the CWG Co-Chairs.

Speaking as a GNSO-appointed member of the CWG and as a member of the IANA IPR collaborative team that worked with the numbers and protocol parameters communities to complete this aspect of transition planning and implementation: I'd like to clarify the limited but significant role that this Letter plays.  The Letter of Instruction directs ICANN to sign the Community Agreement, one of several agreements that are part of the IANA IPR transfer, which in turn is part of the IANA transition.  The Community Agreement gives the three operational communities oversight of the IETF Trust, as the new owner of the IANA IPR.  As the Names Community has no legal entity to act on its behalf, ICANN is being directed to do so in this Letter, which also constrains ICANN from taking other actions that might seem possible based on having its signature on the agreement.  (More simply put, ICANN is acting as the Names Community's avatar.)  This small act by the GNSO further smooths the way for the IANA transition.

Since the request to enjoin the IANA transition in federal court in Texas has been DENIED, now is the time to move forward.

Best regards,

Greg Shatan
IPC President
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