[CWG-Stewardship] Purpose of PTI

Wed Jul 20 16:40:11 UTC 2016

I'm wondering if we even need to go to that next level.  In the Services 
Agreement draft it says:   "WHEREAS, following the IANA Stewardship 
Transition, PTI will perform the IANA
functions on behalf of ICANN;"

So rather than making it more vague/complicated than necessary, why 
wouldn't the PTI bylaws state the following:

"The specific purpose of the corporation is to perform the IANA functions on behalf of the Internet Corporation for Assigned Names and Numbers (“*ICANN*”)."

That is its purpose.  Thanks.

Matthew

On 20/07/2016 17:18, Jonathan Robinson wrote:
> Copying in Sharon from Sidley as suggested by Greg on yesterday's CWG call.
>
> Jonathan
>
> -----Original Message-----
> From: Gomes, Chuck [mailto:cgomes at verisign.com]
> Sent: 19 July 2016 14:31
> To: 'Andrew Sullivan' <ajs at anvilwalrusden.com>; cwg-stewardship at icann.org
> Subject: Re: [CWG-Stewardship] Purpose of PTI
>
> Andrew's suggestion works for me.
>
> Chuck
>
> -----Original Message-----
> From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Andrew Sullivan
> Sent: Tuesday, July 19, 2016 9:26 AM
> To: cwg-stewardship at icann.org
> Subject: Re: [CWG-Stewardship] Purpose of PTI
>
> I think you are rapidly walking in to angry terminological disputes that will delay the incorporation of PTI.
>
> What about saying something like "relating to certain Internet registries and certain Internet Domain Name System zones, consistent with ICANN's Mission," or something like that?
>
> A
>
> On Tue, Jul 19, 2016 at 09:22:53AM -0400, Greg Shatan wrote:
>> I suggest considering something more specific than "relating to IANA
>> services" (especially since the second word in the paragraph is
>> "specific") in stating the purpose of PTI, since "IANA services" is
>> not a defined term nor is it self-explanatory.  Rather it is a "term
>> of art," and undefined terms of art are generally to be avoided
>> wherever possible in drafting legal documents.
>>
>> We could use the current statement of purpose in the ICANN Articles as
>> a jumping off point, i.e.:
>>
>> 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*”), namely (i) coordinating the assignment of Internet
>> technical parameters as needed to maintain universal connectivity on
>> the Internet; (ii) performing and overseeing functions related to the coordination of the Internet Protocol ("
>> *IP*") address space; (iii) performing and overseeing functions
>> related to the coordination of the Internet domain name system
>> ("*DNS*"); and (iv) overseeing operation of the authoritative Internet DNS root server system.
>>
>> I recognize that we'll probably want to change some of the verbs here
>> to more accurately reflect ICANN/IANA's role vs. that of the IETF and
>> RIRs, but I think this provides a good starting place for an
>> appropriately specific statement of purpose.
>>
>> Greg
>>
>> On Fri, Jul 15, 2016 at 11:35 AM, Sivasubramanian M
>> <isolatedn at gmail.com>
>> wrote:
>>
>>> Dear Chuck,
>>>
>>> On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <cgomes at verisign.com> wrote:
>>>
>>>> Would it work to make the following change:?  “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*”) related to the IANA services.”
>>>>
>>> Even without the change, 'related to IANA services' is implied,
>>> but there is no harm in saying it explicitly. When PTI operates for
>>> the benefit of ICANN, and ICANN is built up on the foundation of a
>>> fair accountability framework it, it necessarily follows that PTI
>>> would act in global public interest.
>>>
>>> Sivasubramanian M
>>>
>>>
>>>
>>>>
>>>> I agree with Matthew that it is not PTI’s purpose to perform all of
>>>> ICANN’s functions and purposes.
>>>>
>>>>
>>>>
>>>> Chuck
>>>>
>>>>
>>>>
>>>> *From:* cwg-stewardship-bounces at icann.org [mailto:
>>>> cwg-stewardship-bounces at icann.org] *On Behalf Of *matthew shears
>>>> *Sent:* Friday, July 15, 2016 5:28 AM
>>>> *To:* Yuko Green; cwg-stewardship at icann.org
>>>> *Subject:* Re: [CWG-Stewardship] Purpose of PTI
>>>>
>>>>
>>>>
>>>> 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/37
>>>> 3/1467913551526IOTF_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
>>>>
>>>> www.icann.org
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>>
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>>>>
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>>>>
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>>>>
>>>>
>>>>
>>>> --
>>>>
>>>>
>>>>
>>>> --------------
>>>>
>>>> Matthew Shears
>>>>
>>>> Global Internet Policy and Human Rights
>>>>
>>>> Center for Democracy & Technology (CDT)
>>>>
>>>> + 44 771 2472987
>>>>
>>>>
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>>>>
>>>
>>> --
>>> Sivasubramanian M
>>> <https://www.facebook.com/sivasubramanian.muthusamy>
>>>
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>>>
>>>
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>
> --
> Andrew Sullivan
> ajs at anvilwalrusden.com
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-- 

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

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