[CWG-Stewardship] Possible Definitions/Compositions of the "Names Community"

[Greg Shatan]

On our last call, I volunteered to put together this email.

We need to define or identify the composition of the "Names Community" for
purposes of the IANA IPR Community Agreement.  The role of the Names
Community in this Agreement is outlined below.

Here are some non-exhaustive possibilities for the "Names Community," which
I am throwing out without any judgment as to their appropriateness and in
no particular order:


   1. The CWG
   2. All of the Chartering Organizations of the CWG (GNSO, ccNSO, ALAC,
   GAC, SSAC) but not acting through the CWG
   3. An Implementation Oversight Team (IOT) (drawn in some fashion from
   the CWG and/or its Chartering Organizations)
   4. GNSO and ccNSO
   5. GNSO, ccNSO and ALAC
   6. GNSO, ccNSO and GAC
   7. GNSO, ccNSO, ALAC and GAC
   8. Any other combination of some but not all Chartering Organizations
   9. The CSC (representing those organizations and in the proportions
   represented on the CSC)
   10. The organizations contributing members to the CSC (but not
   necessarily acting through the CSC or in the proportions represented in the
   CSC)
   11. Any other combination of ICANN-created structures
   12. An existing non-ICANN-created structure
   13. A combination of ICANN-created and non-ICANN created structures
   14. A completely new structure

ICANN (the corporation) will be the signatory on behalf of the "Names
Community."

The "Names Community" (and not ICANN the corporation) will need to be
responsible for the substance of all Names Community actions under the
Community Agreement and instructing its CCG representatives where
appropriate, including:


   - Appointing, removing and replacing three members of the CCG (Community
   Coordinating Group) representing the Names Community
   - Appointing one of the three Names Community members as a Co-Chair and
   primary point of contact for the IETF Trust
   - Determining whether the IANA Services are consistent with the
   standards set forth by the Names Community (determined through a "specified
   process of community engagement, feedback, contract and dispute
   resolution," which is expected to be the CSC, and when the time comes, the
   IFR process)
   - Instructing the CCG Representatives
   - Notifying the IETF Trust that the IANA Operator (initially, ICANN) is
   being replaced. (This would be the result of a SCWG decision.)
   - Requesting that the IETF Trust enter into an IANA IPR License
   Agreement with a new IANA Operator and participating in these
   interactions/negotiations (particularly if the Trust or the Operator wants
   to vary the terms of the License Agreement) including mediation if the
   parties are unable to come to an agreement on terms of the new License
   Agreement
   - Monitoring the IANA Operator’s use of the IANA IPR with respect to its
   designated IANA Service for the purposes of quality control under the
   License Agreement and notifying the IETF Trust of any failures or
   deficiencies in the quality of service provided by the IANA Operator that
   would violate such quality control provisions (again, this is likely to be
   CSC/IFR work in substance).
   - Being consulted (through the CCG Co-Chair) by the IETF Trust if the
   Trust believes the IANA Operator has materially breached the terms of its
   License Agreement.
   - Withdrawing from the Community Agreement
   - Selecting or creating a new entity to replace ICANN as the signatory
   to this Agreement on behalf of the Names Community (which could be a
   responsibility of the CWG or some successor to the CWG)
   - Determining a process for doing each of the above (to the extent it
   doesn't fall into an existing group with a process for doing things)

Please respond to this email with any thoughts you have on the possible
ways (including additional ways) to identify/define the Names Community for
this purpose, and with any questions you may have (and any answers you may
have, as well).

Please keep in mind the relatively limited purposes for which this needs to
be answered (just dealing with the Community Agreement) and the *very
limited time-frame* we have to figure this out (at least, initially).

Thank you for your consideration of these issues.

Best regards,

Greg
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