[CPWG] [GTLD-WG] A way forward on today's call re: PIR

Tue Dec 3 22:14:10 UTC 2019

Sorry I missed the call.

On JZ's NPOC remit suggestion. I agree with a huge caveat:

NPOC is a small element of the GNSO and it's remit is policy development.
At Large's remit is broader and moreover we can issue advice directly to
the Board.

I think we should.

Sent from my Pixel 3XL

John Laprise, Ph.D.

On Tue, Dec 3, 2019, 1:33 PM Carlton Samuels <carlton.samuels at gmail.com>
wrote:

> Um, hate to tell you that the ICANN Board appears to have already
> answered; no impact on stability and security.
>
> It appears that their close reading of [what some of us think are the
> relevant] clauses of the RA says PIR is and remains undisturbed as
> consignee of goods and chattel per .org and that has not changed by virtue
> of its sale to Ethos Capital. Expect PIR to swear to that, scout's honour.
> Satisfaction established.
>
> I would so wish to see a credible end user interest emerge from all the
> folderol. Oh yes, if one is given to conspiracy theories one might even be
> suspicious of the timelines that converged around the sale. But other than
> the handwringing about lack of consultation and the contemplated savagery
> to the pockets of .org registrants who may see a price increase - in a free
> competitive market no less! - there really is no there there. I take this
> as another teachable moment on 'knowing when to fold'.
>
> To be brutally frank and the darwinian view applied, I'm more concerned
> that ISOC may have left money lying on the table! And while I am a global
> ISOC member, I'm fairly certain the ISOC Board would say they do not have a
> duty of care to me about that either. So I am predicting no change in the
> [ICANN Board] posture.
>
> Here's the bald fact. The proposition is for the At-Large to seek ICANN's
> intervention in a transaction that for the larger ecosystem in which it is
> embedded this is a feature, not an aberrant bug.
>
> This too shall pass.
> Carlton
>
> ==============================
> *Carlton A Samuels*
>
> *Mobile: 876-818-1799Strategy, Process, Governance, Assessment &
> Turnaround*
> =============================
>
>
> On Tue, Dec 3, 2019 at 11:12 AM Marita Moll <mmoll at ca.inter.net> wrote:
>
>> In advance of today's single issue call re: PIR, see below a section of
>> the Registry Agreement that allows ICANN to seek additional information
>> from the registry operator before approving a change of control. We could
>> ask that ICANN seek answers to some of the outstanding questions -- such as
>> those posed in a previous e-mail from Mark Surman at Modzilla
>>
>>    1. Are the stewardship measures proposed for the new PIR sufficient
>>    to protect the interests of the dot org community? What is missing?
>>    2. What level of scope, authority and independence will the proposed
>>    Stewardship Council possess? Will dot org stakeholders have opportunities
>>    to weigh in on the selection of the Council and development of its bylaws
>>    and its relationship to PIR and Ethos?
>>    3. What assurances can the dot org community have that Ethos and PIR
>>    will keep their promises regarding price increases? Will there be any
>>    remedy if these promises are not kept?
>>    4. What mechanisms does PIR currently have in place to implement
>>    measures to protect free speech and other rights of domain holders under
>>    its revised contract, and will those mechanisms change in any way with the
>>    transfer of ownership and control? In particular, how will PIR handle
>>    requests from government actors?
>>    5. When is the planned incorporation of PIR as a B corp? Are there
>>    any repercussions for Ethos and/or PIR if this incorporation does not take
>>    place?
>>    6. What guarantees are in place to retain the unique character of the
>>    dot org as a home for non-commercial organizations, one of the important
>>    stewardship promises made by PIR when it was granted the registry?
>>    7. Did ISOC receive multiple bids for PIR? If yes, what criteria in
>>    addition to price were used to review the bids? Were the ICANN
>>    criteria originally applied to dot org bidders in 2002
>>    <http://archive.icann.org/en/tlds/org/criteria.htm> considered? If
>>    no, would ISOC consider other bids should the current proposal be rejected?
>>    8. How long has Ethos committed to stay invested in PIR? Are there
>>    measures in place to ensure continued commitment to the answers above in
>>    the event of a resale?
>>    9. What changes to ICANN’s agreement with PIR should be made to
>>    ensure that dot org is maintained in a manner that serves the public
>>    interest, and that ICANN has recourse to act swiftly if it is not?
>>
>> Registry agreement 7.5 Change of control, assignment and subcontracting
>>
>> (a)               Registry Operator must provide no less than thirty
>> (30) calendar days advance notice to ICANN of any assignment or Material
>> Subcontracting Arrangement, and any agreement to assign or subcontract any
>> portion of the operations of the TLD (whether or not a Material
>> Subcontracting Arrangement) must mandate compliance with all covenants,
>> obligations and agreements by Registry Operator hereunder, and Registry
>> Operator shall continue to be bound by such covenants, obligations and
>> agreements.  Registry Operator must also provide no less than thirty (30)
>> calendar days advance notice to ICANN prior to the consummation of any
>> transaction anticipated to result in a direct or indirect change of control
>> of Registry Operator.
>>
>> (b)               Within thirty (30) calendar days of either such
>> notification pursuant to Section 7.5(a),* ICANN may request additional
>> information from Registry Operator* establishing (i) compliance with
>> this Agreement and (ii) that the party acquiring such control or entering
>> into such assignment or Material Subcontracting Arrangement (in any case,
>> the “Contracting Party”) and the ultimate parent entity of the Contracting
>> Party meets the ICANN-adopted specification or policy on registry operator
>> criteria then in effect (including with respect to financial resources and
>> operational and technical capabilities), in which case Registry Operator
>> must supply the requested information within fifteen (15) calendar days.
>>
>>
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