[CWG-Stewardship] Another alternative proposal - addressing some questions

[Sivasubramanian M]

Dear Chris Disspain


...Ongoing oversight and monitoring of IANA’s work would be undertaken by
> the CSC... The CSC would perform a[n] ... operational and administrative
> role, setting and reviewing metrics for IANA...


auDA appears to accord a more than proportionate role, even if the CSC is
to include representatives from other parts of ICANN.

In the case of a more serious complaint or failure regarding IANA, any
> individual stakeholder (registry) or group (such as the ccNSO or GAC) would
> raise their concerns with the CSC in the first instance.


Where does this place the CSC ?

Sivasubramanian M

Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>

On Fri, Jan 23, 2015 at 1:43 AM, Chris Disspain <ceo at auda.org.au> wrote:

> Greetings All,
>
> Earlier today Paul Szyndler from auDA sent to RFP3 another alternative
> proposal (attached).
>
> I have received a number of questions off list from some ccTLD colleagues
> and others and thought it might be helpful to address them all in this
> email to the CWG.
>
> 1. Are there legal issues with the Trust solution? I am not an expert in
> Californian law but as a lawyer I do know a fair bit about trusts and their
> structure. The proposal is workable in general terms but there may be
> nuances of Californian law generally, or specifically as it applies to
> Californian corporations like ICANN, which would make the proposed
> structure overly complicated or problematic. Like the 'contract co’
> proposal and auDA’s original ‘golden by-law’ proposal I expect this to be
> put to independent legal experts who can advise on the merits of each of
> the proposals.
>
> 2. Isn’t creating a trust just creating 'contract co' by another name? No.
> My understanding of 'contract co’ is that it would be a separate legal
> entity owned by some, yet to be identified, group of shareholders. With the
> trust, ICANN would own the IANA function but declare in a legally binding
> document that it did so on trust for the relevant stakeholder community.
> And the Guardian of the Trust (see the proposal for details) would control
> the process by which ICANN could be replaced as trustee in a defined set of
> circumstances. This is thus an inherently ‘internal to ICANN’ approach.
>
> 3. Why would ICANN be the trustee? In simple terms because auDA believes
> in an 'internal to ICANN’ approach. We believe that ICANN should run IANA
> but that there should be the ability to move the IANA function away in
> certain defined circumstances. That is what this proposal (and our first
> ‘golden by-law' proposal) achieve and that’s what differentiates them from
> the ‘contract co’ proposal.
>
> I know I don’t need to say this but for the avoidance of doubt, this is
> an auDA proposal. I have not discussed it with my fellow ICANN directors
>
> I will not be on the RFP3B call Friday as I’ll be somewhere mid-air
> between Dubai and Melbourne. However, Paul Szyndler will be on the call and
> will happily enter into any discussion on the proposal and answer (or
> undertake to get answers to) any questions that may be raised.
>
> I hope this is helpful.
>
> Cheers,
>
>
> Chris Disspain | Chief Executive Officer
>
> .au Domain Administration Ltd
>
> T: +61 3 8341 4111 | F: +61 3 8341 4112
>
> E: ceo at auda.org.au | W: www.auda.org.au
>
> auDA – Australia’s Domain Name Administrator
>
>
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