[CWG-Stewardship] ICG request concerning IANA trademark and iana.org domain name

Milton L Mueller mueller at syr.edu
Sun Jun 21 13:54:28 UTC 2015

> -----Original Message-----
> Milton, since you are insisting so much from a Names perspective that we
> agree to transfer this from ICANN to the IETT Trust, I would like to
> understand what advantage you see for the Names commuity in this from
> the CWG perspective. I understand why you might take the position you do

That's a fair request and a fairly easy one to answer. In two words the answer is 'enhanced separability.' I've said this before so perhaps you need a better explanation.

The mixture of policy making and implementation functions within one names-centric organization (ICANN) has been recognized as problematic. One of the key principles underlying the current reforms is that the IFO for names should be separate from the policy maker, and further that the current IFO should not have a permanent monopoly. We should be able to switch to a new names IFO if justified. And numbers and protocols already have this arrangement. If you want the capacity to switch, then the current IFO cannot control or own the IPR associated with IANA; they are users of the IPR not its owners. That, I suggest, is the correct model for the names community. 

If we want to consistently implement the basic model that the Internet community as a whole recognizes as proper (RFC 7500) we cannot have the names-related policy making entity - which is also an IFO for all 3 communities at the moment - hold the trademarks that need to be used by all three communities and which may need to be used by different IFOs. The IETF trust is a neutral repository for this IPR that allows the rights to be assigned to any IFO as needed.  

> Also I think you misinterpret the IANAPLAN position.  They say they are
> willing.  They do not request the move.

'Willingness' means that their proposal is compatible with the numbers proposal. CWG's is not. There's no way around the fact that CWG names has worked without regard to what the other two communities proposed, and that its proposal is out of step. That by itself does not mean it's wrong, but it does suggest that we _first_ need to think of changing what randomly made its way into our proposal rather than forcing two other communities to change. No one has advanced a good reason why a names community entity should control it all. The idea that IETF Trust cannot defend or monitor the trademark is a mere assertion for which there is no concrete evidence, and flies in the face of the fact that the source and origin of the IANA registries is the IETF, not ICANN.

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