[CWG-Stewardship] Concern with Contract Co.

[Alan Greenberg]

I guess it is all in the reading. When you 
combine the section I identified (and others) and 
the "mix and match" process it was there from my sperspective.  Alan

At 01/12/2014 01:35 AM, Greg Shatan wrote:
>Alan:
>
>Strawman 1 was not an "internal to ICANN" 
>proposal.  The part that you quote refers to the 
>IANA Functions Operator remaining ICANN.  That 
>does not make it an internal to ICANN 
>approach.  The current proposal also leaves 
>ICANN as the IANA Functions Operator.  By that 
>measure, the current proposal is just as much "internal to ICANN."
>
>An "internal to ICANN" approach would be one 
>where there was no external entity (legal or 
>otherwise involved) and oversight, 
>accountability and all of the other roles 
>currently performed by NTIA are performed by bodies internal to ICANN.
>
>You go on to say that there was "clearly no 
>other entity holding the contract."  This is 
>incorrect.  I draw your attention to the section 
>"Documentation to Replace NTIA Contract," which reads:
>
>Service Level Agreement.  The OPRC and ICANN 
>will enter into a Service Level Agreement for 
>the performance of the technical and 
>administrative IANA functions.  The SLA would 
>run for an initial term of three years and would 
>be renewed upon the agreement of the OPRC and the IANA Functions Operator.
>
>A "Service Level Agreement" is a form of 
>contract -- so there is clearly a contract.  And 
>it states that the "OPRC and ICANN will enter 
>into" this contact.  So there is clearly an 
>"other entity" holding the contract.
>
>You also state that the OPRC is an "internal 
>committee." This is also incorrect.  The section 
>on legal status of OPRC states "Legal 
>Status.  The OPRC will be a committee rather 
>than a separate incorporated entity.  [The 
>committee may be considered an “unincorporated 
>association,” and will be domiciled in 
>[California or the U.S. or Switzerland or some 
>other place] to the extent that the committee 
>has a legal identity.]."  Nowhere does this 
>state or even imply that the OPRC is an ICANN 
>Committee.  Indeed the fact that there is a 
>discussion of domicile and that OPRC will enter 
>into an agreement with ICANN can only lead to 
>the conclusion that the OPRC is external ICANN.
>
>I stand by my earlier statement -- I don't think 
>an "internal to ICANN" proposal was ever put on 
>the table within the group prior to Frankfurt in 
>any kind of tangible, concrete fashion.
>
>Greg
>
>
>
>
>
>On Sun, Nov 30, 2014 at 11:42 PM, Alan Greenberg 
><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>I have to disagree.
>
>>Strawman Proposal 1
>>
>>4 Status of IANA Functions Operator
>>
>>a Division of ICANN.  The IANA Functions 
>>Operator will remain a division of ICANN.
>>
>>b Enhanced Separability.  ICANN will maintain 
>>the current separation between ICANN and IANA, 
>>and will make the IANA Functions Operator more 
>>easily separable from ICANN, if separation 
>>becomes necessary at some future time.
>
>There was a "Review Committee" but clearly no 
>other entity holding the contract. Strawman 1 
>did, nonsensically, posit that the internal 
>committee could initiate an RFP. for a "new" 
>operator, but this too confirmed the the "old" operator was ICANN.
>
>The references to an oversight "mechanism" also 
>alluded to something other than an external contract-holding entity.
>
>Alan
>
>At 30/11/2014 01:50 PM, Greg Shatan wrote:
>>Frankly, I don't think an "internal to ICANN" 
>>proposal was ever put on the table within the 
>>group prior to Frankfurt in any kind of tangible, concrete fashion.
>
>
>
>
>--
>
>Gregory S. Shatan ï Abelman Frayne & Schwab
>
>666 Third Avenue ï New York, NY 10017-5621
>
>Direct  212-885-9253 | Main 212-949-9022
>
>Fax  212-949-9190 | Cell 917-816-6428
>
><mailto:gsshatan at lawabel.com>gsshatan at lawabel.com
>
>ICANN-related: <mailto:gregshatanipc at gmail.com>gregshatanipc at gmail.com
>
>www.lawabel.com
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