[CWG-Stewardship] Fwd: Letter of Instruction from CWG to ICANN re Community Agreement.DOCX

[Gomes, Chuck]

Pending input from Sidley, this looks pretty good to me.  I do have two very important questions, assuming the CWG supports this letter of instruction as modified by Greg and any subsequent revisions proposed by Sidley:

1.       Won’t we have to get approval from the ccNSO, SSAC, GNSO, ALAC and GAC in advance of sending the letter?

2.       Realizing that each of the five organizations have their own approval processes that can take considerable time, how will we get all five approvals in the very short window we have?

If the answer to question 1 is affirmative, I think we need to start working on question 2 immediately.

Chuck

From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Monday, September 05, 2016 8:47 PM
To: cwg-stewardship at icann.org
Subject: [CWG-Stewardship] Fwd: Letter of Instruction from CWG to ICANN re Community Agreement.DOCX

All,

I've given a good deal of thought to this Letter of Instruction and how the Names Community will operate under the Community Agreement.

The Community Agreement allows each of the Operational Communities to communicate to the IETF Trust through the CCG Co-Chair appointed by that community.  Given this ability, it's actually unnecessary to route any of the Names Community's actions through ICANN (as signatory) after the appointment of the Names Community co-chair.

We really only need ICANN to do two things -- sign the agreement and communicate the appointment of the CCG Representatives (including the Co-Chair).  Routing other actions through ICANN just causes unnecessary complications.

In order to implement this working model, I've proposed fairly extensive changes to the Letter of Instruction.  I'm attaching a clean copy (easier to read) as well as a track changes copy (to show the changes).  The original version is also attached for convenience.

We will still need to appoint the CCG reps, and figure out how the CWG (and the Chartering Organization Co-Chairs, when there is no CCG) instructs the CCG reps, and how the CCG reps carry out their duties generally. But that is not part of this Letter of Instruction.

I look forward to comments.

Best regards,

Greg
---------- Forwarded message ----------
From: Hofheimer, Joshua T. <jhofheimer at sidley.com<mailto:jhofheimer at sidley.com>>
Date: Tue, Aug 30, 2016 at 12:05 AM
Subject: Letter of Instruction from CWG to ICANN re Community Agreement.DOCX
To: Client <cwg-client at icann.org<mailto:cwg-client at icann.org>>, Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>, "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>>
Cc: "Flanagan, Sharon" <sflanagan at sidley.com<mailto:sflanagan at sidley.com>>, "Resnick, Yael" <yresnick at sidley.com<mailto:yresnick at sidley.com>>, "Gregory, Holly" <holly.gregory at sidley.com<mailto:holly.gregory at sidley.com>>, "Grapsas, Rebecca" <rebecca.grapsas at sidley.com<mailto:rebecca.grapsas at sidley.com>>

Dear Client Committee,

Attached is a draft letter of instruction from the “Names Community” to ICANN regarding it acting as the signatory to the Community Agreement.  Per the instruction from CWG, namely that we pursue Scenario 1 from the prior Sidley memo, we have drafted this request to come from the CWG co-chairs, and look to Greg Shatan to help with the description of the “Names Community”.  We look forward to discussing on our call on Thursday.

Cheers,
Josh

JOSHUA T. HOFHEIMER
Partner

SIDLEY AUSTIN LLP
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www.sidley.com<http://www.sidley.com>
[SIDLEY]






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