[CWG-Stewardship] [client com] Naming Function Agreement

Thu Sep 1 15:16:17 UTC 2016

I don't think that would be very helpful. In addition, I don't think that 4.7 is restricted to formal "policies" as such (those are covered under (a) as I read the section) , but also to important elements developed by parts of the community in this important environment that affects ICANN/IANA, ccTLDs, communities and Governments.

As a fellow lawyer I still do not understand why the specific reference to 1.3 of the GAC Principles is needed, when the wording already says that they should be applied "where applicable".

Thanks and regards

Jorge

Von: Burr, Becky [mailto:Becky.Burr at neustar.biz]
Gesendet: Donnerstag, 1. September 2016 17:08
An: Lindeberg, Elise <elise.lindeberg at Nkom.no>; Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>; trang.nguyen at icann.org; CWG-Stewardship at icann.org
Betreff: Re: [CWG-Stewardship] [client com] Naming Function Agreement

I want to step back and explain why this change was offered and why it is important.  There is a fundamental problem with the reference to the GAC Principles in Section 4.7 of the Naming Functions Agreement.  Section 4.7 lists the "policies" that IANA is required to apply.  Simply put, the GAC Principles are important GAC Advice - but they are not ICANN policy.  They have never been considered by any of the policy development bodies authorized in the ICANN Bylaws, and they have not been adopted by the ICANN Board.  The ccTLD participants who offered the revised wording attempted to address the problem adding a clear link back to the GAC's own language in Section 1.3.  Alternatively, you could simply remove the GAC Principles from the list of applicable "policies."

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz<http://www.neustar.biz>

From: <Lindeberg>, Elise <elise.lindeberg at Nkom.no<mailto:elise.lindeberg at Nkom.no>>
Date: Thursday, September 1, 2016 at 9:33 AM
To: "Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>" <Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>>, "trang.nguyen at icann.org<mailto:trang.nguyen at icann.org>" <trang.nguyen at icann.org<mailto:trang.nguyen at icann.org>>, "cwg-stewardship at icann.org<mailto:cwg-stewardship at icann.org>" <cwg-stewardship at icann.org<mailto:cwg-stewardship at icann.org>>
Subject: Re: [CWG-Stewardship] [client com] Naming Function Agreement

+1, Jorge

Elise

Fra: cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org> [mailto:cwg-stewardship-bounces at icann.org] På vegne av Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>
Sendt: 1. september 2016 09:21
Til: trang.nguyen at icann.org<mailto:trang.nguyen at icann.org>; CWG-Stewardship at icann.org<mailto:CWG-Stewardship at icann.org>
Emne: Re: [CWG-Stewardship] [client com] Naming Function Agreement

Thanks for this info.

May we be informed why the solution offered to the discussion on 4.7. (how to best refer to the 2005 GAC Principles) apparently ignores the comments made by several members and participants of this group, while it takes up the suggestions made by other participants?

Thanks and regards

Jorge

Von: cwg-stewardship-bounces at icann.org<mailto:cwg-stewardship-bounces at icann.org> [mailto:cwg-stewardship-bounces at icann.org] Im Auftrag von Trang Nguyen
Gesendet: Donnerstag, 1. September 2016 05:49
An: CWG-Stewardship at icann.org<mailto:CWG-Stewardship at icann.org>
Betreff: [CWG-Stewardship] FW: [client com] Naming Function Agreement

All,

Forwarding email from Sidley regarding the the Naming Function Agreement for your review.

Best,

Trang

From: <cwg-client-bounces at icann.org<mailto:cwg-client-bounces at icann.org>> on behalf of "Hofheimer, Joshua T." <jhofheimer at sidley.com<mailto:jhofheimer at sidley.com>>
Date: Wednesday, August 31, 2016 at 8:32 PM
To: Client <cwg-client at icann.org<mailto:cwg-client at icann.org>>, "jrobinson at afilias.info<mailto:jrobinson at afilias.info>" <jrobinson at afilias.info<mailto:jrobinson at afilias.info>>, 'Lise Fuhr' <lise.fuhr at difo.dk<mailto:lise.fuhr at difo.dk>>
Subject: [client com] Naming Function Agreement

Dear Client Committee,

Attached please find a revised draft of the Naming Function Agreement, marked against the version ICANN put out for public comment.  This draft reflects the negotiation of various items between ICANN and Sidley, as well as ICANN's response to the comments provided previously by Paul Kane, Becky Burr and other CWG participants.  ICANN has prepared an chart reflecting a number of items for which it is seeking confirmation from the CWG Client Committee that the particular item may be considered closed out.  Although the chart appears lengthy, that is merely because it contains the historical context of discussion for each item.   ICANN plans to review these items on the call tomorrow, and for our part, Sidley has no further edits to request if the CWG is satisfied with ICANN's proposed handling of the matters on the chart.

Thank you,
Josh

JOSHUA T. HOFHEIMER
Partner

SIDLEY AUSTIN LLP
+1 650 565 7561 (PA direct)
+1 213 896 6061 (LA direct)
+1 323 708 2405 (Cell)
jhofheimer at sidley.com<mailto:jhofheimer at sidley.com>
www.sidley.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sidley.com&d=DQMFAw&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=FPQR1Kinldf2JW141QOgAICaJbdCiJtDYLdhqqPGM2A&s=5BeRy1BHtwrvC2TIKe2dYjVBBZajZZqkESlWtHuAYBU&e=>
[SIDLEY]

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