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

Thu Sep 8 05:49:49 UTC 2016

Thanks for clarifying. When you said the agreement, I thought you mant the
Community Agreement.  In any event, I am fine having the Co-Chairs
sign,especially since we are time-constrained; we need this signed  and
sent well before September 30.

On Thursday, September 8, 2016, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:

> Greg,
>
> I think there may be some confusion here. I am referring to the letter we
> are sending to ICANN which was included in this thread(that currently has
> the Co-Chairs as signatory, attaching for convenience). Ofcourse i was one
> of those  who believe that the EC isn't setup to sign the main agreement
> and that's why i proposed(or supported) we use ICANN for that, assuming
> they agree.
>
> Regards
>
> Sent from my LG G4
> Kindly excuse brevity and typos
>
> On 8 Sep 2016 03:59, "Greg Shatan" <gregshatanipc at gmail.com
> <javascript:_e(%7B%7D,'cvml','gregshatanipc at gmail.com');>> wrote:
>
> The Chartering Organizations aren't legal entities, so they can't be
> signatories to the Community Agreement (whether by their Chairs or
> otherwise).  Signing this agreement would not be in scope for the Empowered
> Community, so that doesn't work either.  We have a legal entity that will
> be the signatory -- ICANN, which I believe has already agreed to do so.
>  (Similarly, the IETF is not a legal entity, but rather an "activity" of
> ISOC, so I believe ISOC will be signing on behalf of the IETF as the
> "Protocol Parameters Community.")
>
> I don't know whether we *need* formal Chartering Organization approval
> for this set-up.  That said, it would probably be good to inform the COs of
> this set-up and see if there are any objections.
>
> Greg
>
> On Wed, Sep 7, 2016 at 9:18 PM, Seun Ojedeji <seun.ojedeji at gmail.com
> <javascript:_e(%7B%7D,'cvml','seun.ojedeji at gmail.com');>> wrote:
>
>> Hello Chuck,
>>
>> I think item 1 is required, though it may perhaps be good to hear from
>> ICANN first on whether they would accept to act on behalf subject to the
>> conditions stated(or a modification of it), before reaching the COs for an
>> ack.
>>
>> On another note, assuming we are not constraint on timing, it may be
>> better for the Chair(s)(or their representatives in the EC) of the CO to
>> sign the agreement instead. This would however not be possible until the EC
>> is formerly setup. That would give more formality to it and may also
>> address part of Kavouss concern which I sense is around getting an entity
>> to sign.
>>
>> Regards
>> Sent from my LG G4
>> Kindly excuse brevity and typos
>>
>> On 6 Sep 2016 15:14, "Gomes, Chuck" <cgomes at verisign.com
>> <javascript:_e(%7B%7D,'cvml','cgomes at verisign.com');>> wrote:
>>
>>> 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
>>> <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>
>>> [mailto:cwg-stewardship-bounces at icann.org
>>> <javascript:_e(%7B%7D,'cvml','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
>>> <javascript:_e(%7B%7D,'cvml','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
>>> <javascript:_e(%7B%7D,'cvml','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
>>> <javascript:_e(%7B%7D,'cvml','cwg-client at icann.org');>>, Greg Shatan <
>>> gregshatanipc at gmail.com
>>> <javascript:_e(%7B%7D,'cvml','gregshatanipc at gmail.com');>>, "
>>> jrobinson at afilias.info
>>> <javascript:_e(%7B%7D,'cvml','jrobinson at afilias.info');>" <
>>> jrobinson at afilias.info
>>> <javascript:_e(%7B%7D,'cvml','jrobinson at afilias.info');>>, Lise Fuhr <
>>> lise.fuhr at difo.dk <javascript:_e(%7B%7D,'cvml','lise.fuhr at difo.dk');>>
>>> Cc: "Flanagan, Sharon" <sflanagan at sidley.com
>>> <javascript:_e(%7B%7D,'cvml','sflanagan at sidley.com');>>, "Resnick,
>>> Yael" <yresnick at sidley.com
>>> <javascript:_e(%7B%7D,'cvml','yresnick at sidley.com');>>, "Gregory,
>>> Holly" <holly.gregory at sidley.com
>>> <javascript:_e(%7B%7D,'cvml','holly.gregory at sidley.com');>>, "Grapsas,
>>> Rebecca" <rebecca.grapsas at sidley.com
>>> <javascript:_e(%7B%7D,'cvml','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*
>>> +1 650 565 7561 (PA direct)
>>> +1 213 896 6061 (LA direct)
>>> +1 323 708 2405 (Cell)
>>> jhofheimer at sidley.com
>>> <javascript:_e(%7B%7D,'cvml','jhofheimer at sidley.com');>
>>> www.sidley.com
>>>
>>> *[image: SIDLEY]*
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>
>
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