[CWG-Stewardship] Purpose of PTI

Fri Jul 15 09:27:51 UTC 2016

Hi Yuko - thanks.

As I noted in the CWG chat yesterday I am uncomfortable with this 
definition of the purpose of PTI: "The specific purpose of the 
Corporation is to operate exclusively for the benefit of, to perform the 
functions of and to carry out the purposes of the Internet Corporation 
for Assigned Names and Numbers (“*ICANN*”)."

This is very broad and very vague.   My understanding was that the 
purpose of the PTI subsidiary was to perform the IANA functions pursuant 
to an inter-company contract established between ICANN and PTI.  This is 
very different from the proposed language.  Of course we also need to 
see the inter company agreement to ensure that the purpose of PTI is 
similarly parametered.

Matthew

On 14/07/2016 19:00, Yuko Green wrote:
>
> Dear members of the CWG,
>
> From today’s CWG call #82, we stated that we will provide the 
> transcript from the IOTF call where we discussed about the purpose 
> stated within the PTI Bylaws and Articles. Extracted below is the 
> transcript and chat history specifically around this topic. The whole 
> transcript is available at 
> https://www.icann.org/uploads/iana_work_session_asset/attachment/373/1467913551526IOTF_Call__14_transcript_06JUL16.pdf 
> and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
>
> ****Transcript****
>
> Paul Kane: In the articles of association, it says the sole function – 
> apparently I haven’t read it, again I apologize – function of PTI is 
> to serve ICANN. Historically the function of IANA has been to serve 
> the community, ICANN just happens to be the contract to doing it. And 
> I don’t know if that is correct, if that’s what’s in the articles of 
> incorporation. But if that is, it sort of has lost the raison d’etre 
> of PTI. It is not a service sector of ICANN because that makes it feel 
> like a department. It’s actually trying to serve a broader community 
> such as the naming community, the protocols and the numbers. But I 
> haven’t read it so I will try and read it so I might be wrong.
>
> Trang Nguyen: Thanks, Paul. Let me – so Section 3 of the articles says 
> this – it does say that the specific purpose of PTI is to operate 
> exclusively for the benefit of and to perform the functions of and 
> carry out the purposes of ICANN. And I want to go back and double 
> check that again the language that is in the ICANN bylaws that has 
> been adopted because I think some of this is the reflection of what’s 
> included in the ICANN bylaws. So we want to do that cross check and 
> come back to this group and see how it aligns with – what’s in the 
> ICANN bylaws. But that is currently what is reflected in the PTI 
> articles of incorporation. There are some comments in the chat from 
> James. Things that affect the agreement are done by contract with 
> ICANN for protocol and numbers means that there needs to be language 
> to that effect in the PTI articles…
>
> James Gannon: So, yes, Paul, I had a similar comment from somebody 
> else as well from the IETF area. And I think in I suppose 
> philosophical principle, yes, it is a slight change but I think in the 
> reality the fact that both the numbers and protocol communities will 
> still contract with ICANN it needs to be very clear in PTI’s documents 
> then that, yes, it is for the purposes of fulfilling the IANA 
> functions it needs to be able to serve the owners of those contracts, 
> which is ICANN still. So I think philosophically, yes, it doesn’t 
> really sound very right, but I think for the realities of running PTI 
> and for PTI to be accountable through the mechanisms that we’ve built 
> up that there does need to be language like that inside the articles 
> to make sure that it’s clear that the – those two communities have the 
> right of PTI serving their needs but also then the accountability 
> mechanism that we’ve put into ICANN are also then bound to PTI by that 
> language going backwards. And I think Trang is right that it’s also 
> reflected in the ICANN bylaws going downwards towards PTI.
>
> *__*
>
> Trang Nguyen: Thank you, James. And I see Russ has similar comments in 
> the chat as well that the contract for the protocol parameters 
> function as well as with the numbers are with ICANN and not PTI.
>
> **
>
> **
>
> ****Chat****
>
> Trang Nguyen:  The specific purpose of the Corporation is to operate 
> exclusively for the benefit of, to perform the functions of, and to 
> carry out the purposes of the Internet Corporation for Assigned Names 
> and Numbers, a California nonprofit public benefit corporation(“ICANN”).
>
> James Gannon: I think this was Stephens comment yes? I think that the 
> fact that the agreements are done via contact to ICANN for protocol 
> and numbers means that there needs to be language to that effect in 
> the PTI articles
>
> James Gannon: (Sorry no mic)
>
> Paul Kane: A cross check is welcome but I hope you see my point it is 
> off target
>
> Russ Housley: @Paul, the Numbers and Protocol Parameter communities 
> have their agreements with ICANN, not PTI.
>
> Paul Kane: Good Point Russ
>
> Russ Housley: @Paul, ICANN is choosing to put that work in PTI.
>
> Russ Housley: @Paul, so PTI is an affiliate of ICANN to perform all of 
> that work
>
> Paul Kane: ok -thanks
>
> Regards,
>
> *Yuko Green*
>
> Strategic Programs Manager
>
> Global Domains Division
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
>
> Direct Line:  +1 310 578 8693
>
> Mobile: +1 310 745 1517
>
> E-mail: yuko.green at icann.org <mailto:yuko.green at icann.org>
>
> www.icann.org <http://www.icann.org/>
>
>
>
> _______________________________________________
> CWG-Stewardship mailing list
> CWG-Stewardship at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-stewardship

-- 

--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987

---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160715/48ba743b/attachment.html>