[CWG-Stewardship] Notes, Recordings, Transcript CWG IANA F2F Day 1 Session 4 | 26 March

[Brenda Brewer]

Dear all, 

 

The notes, recordings and transcripts for the CWG IANA Face to Face Day 1 Session 4 Meeting on 26
March are available here:  Session 4
<https://community.icann.org/display/gnsocwgdtstwrdshp/Session+4%3A++Assessment+of+DTs+and+Post-tran
sition+structural+considerations> 

Notes

*        Final session of the afternoon

*        Sidley Austin presenting

*        ICANN is paying the fees for Sidley's services

*        Holly Gregory and Sharon Flanagan are present in Istanbul but there is a whole team with
multiple areas of expertise to complement the group and respond to the CWG's needs

*        CWG provided two sets of questions and Sidley provided written responses.

*        Structured the presentation differently (thematic). Not in order of preference

*        What is the multistakholder body being considered?

PLEASE REFER TO SLIDES AND TRANSCRIPT FOR FULL LEGAL DETAILS, QUESTIONS, AND RESPONSES. 

All Client Committee Documents are posted here:  <https://community.icann.org/x/8g8nAw>
https://community.icann.org/x/8g8nAw

 

External Solutions (Contract Co. & External Trust)

Contract Co. 

*        In short: Is it a feasible structure? Yes

*        The Board of Contract Co. has ultimate authority so it could be the MRT

External Trust 

*        Could a trust function as an external solution? Yes

Internal Solutions (Governance solutions & Internal Trust)

Governance Solution 

*        lots of mechanisms available to enhance governance

Internal Trust

*        Main difference with 'external trust' is who is the trustee. Here, ICANN would be the
trustee. 

*        Need to define beneficiaries of the trust (trustee's duty is to those beneficiaries) 

*        Trust is not recognized in all jurisdictions

Communtity Organization Structure (Internet Community Association)

*        It may not be recognized in all jurisdictions

Hybrid / Integrated Model

Three variants: 

1. Free Standing

2. Unincorporated Association 

3. Affiliate of ICANN, IETF, RIRs --> can be complex legally 

*        How is this more prone to capture? because there is a concentration of power

All of the structures discussed have directors. 

 

Stewardship, Technical, Policy

There may be some models that we can start to weed out (need a list of options and main
disadvantages possible)

Important to think of the motivation and the requirements. Not to "die in a ditch" about a model

 

Options on the table: 

*        Contract Co. 

*        External Trust 

*        Governance Solution ("constitutional bylaw")

*        Internal Trust

*        Community Organization Structure (Internet Community Association)

*        Hybrid / Integrated Model -- Variant 1 (Free Standing)

*        Hybrid / Integrated Model -- Variant 2 (Unincorporated Association) 

*        Hybrid / Integrated Model -- Variant 3 (Affiliate)

 

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