[CWG-Stewardship] Letter of instruction from the CWG to ICANN regarding the IANA IPR Community Agreement.

avri doria avri at acm.org
Sun Sep 25 18:45:09 UTC 2016


Thanks.

Glad to hear we are all set to go.

avri



On 25-Sep-16 14:01, Greg Shatan wrote:
> Avri,
>
> It's certainly my understanding that all has been completed on the
> letter and that ICANN can sign it.
>
> There is nothing missing.  There is one non-substantive change
> suggested by Chuck Gomes that could be made, which would slightly
> improve the readability of the letter (spelling out "Community
> Coordination Group" the first time it is used, instead of saying
> "CCG").  Whether or not this is done, the letter is ready to be signed.
>
> I don't think any significant confusion came out of the meeting
> itself.  After the meeting, one participant (who appears not to have
> kept up with the CWG's work) started an exchange on this thread
> raising a number of 12th hour objections.  This exchange may have
> created an appearance of more general confusion.  The confusion is
> actually quite isolated, as far as I can tell. Andrew Sullivan and I
> both responded with explanations, which I thought cleared up any
> confusion on the very minor subject of this "letter of instruction."
>  The high-level explanation is this:
>
> The "Names Community" is a party to the Community Agreement (relating
> to the IANA IPR). The Names Community needs a legal entity to sign the
> Agreement on its behalf, because there is no existing legal entity
> that encompasses the Names Community.  ICANN was asked if it could
> perform the limited function of signing on behalf of the Names
> Community.  ICANN said that it could.  The "Letter of Instruction"
> formally instructs ICANN to sign on behalf of the Names Community and
> sets out the parameters of ICANN's limited role as signatory.  This is
> needed because signing the Agreement without any explanation makes it
> look like ICANN has full authority and discretion to act as the Names
> Community under the Agreement.
>
> The rest of the discussion turned to the effects (if any) of this
> confusion, both on implementing our work and on the composition of the
> CCG. In my view, this confusion has absolutely no effect on
> implementing our work.  If working group results could be undone after
> the fact by a single confused participant, ICANN probably would not
> even exist.
>
> Greg
>
> On Sun, Sep 25, 2016 at 12:22 PM, avri doria <avri at acm.org
> <mailto:avri at acm.org>> wrote:
>
>     Hi,
>
>     I have gotten lost in this discussion.
>
>     Has all been completed on the letter?  Can ICANN sign if the
>     transition
>     is freed to move ahead?
>
>     If not, what is missing?  I unfortunately missed the last meeting, but
>     am amazed at the confusion that came out of that meeting.
>
>     thanks
>
>     avri
>
>
>     On 25-Sep-16 01:58, Greg Shatan wrote:
>     > Milton,
>     >
>     > I don't think any one person can be in a position to hold up this
>     > process.  This is the end result of an exhaustive (and exhausting)
>     > multistakeholder process.  We put in months (really, years) of
>     > thorough and well-considered work on the IPR issues alone.  This
>     > involved a significant group of stakeholders (in this case,
>     across the
>     > names, protocol parameters and numbers communities).  The result of
>     > this work has been put through the public comment process, and fully
>     > agreed and brought to conclusion with the broad support of diverse
>     > stakeholders.
>     >
>     > It would make a mockery of the multistakeholder process to allow any
>     > one person to hold up implementation at this point, when the work is
>     > done.
>     >
>     > In working groups, we do try to be open to questions and
>     opinions from
>     > all angles, sometimes to a fault.  This is especially true early on,
>     > when it's important to consider all viewpoints.  But we are far, far
>     > past that point. Our decisions have been  made.  Our commitments are
>     > clear.  It's time to get it done.
>     >
>     > Greg
>     >
>     >
>     >
>     >
>     > On Sat, Sep 24, 2016 at 11:30 PM, Mueller, Milton L
>     <milton at gatech.edu <mailto:milton at gatech.edu>
>     > <mailto:milton at gatech.edu <mailto:milton at gatech.edu>>> wrote:
>     >
>     >     I am not sure I understand why someone who clearly does not
>     >     understand what is going on in the IPR transition process,
>     and who
>     >     actually never seemed to understand what IANA is, should be in a
>     >     position to hold up this process.
>     >
>     >     Milton L Mueller
>     >     Professor, School of Public Policy
>     >     Georgia Institute of Technology
>     >
>     >     > On Sep 24, 2016, at 18:45, Andrew Sullivan
>     >     <ajs at anvilwalrusden.com <mailto:ajs at anvilwalrusden.com>
>     <mailto:ajs at anvilwalrusden.com <mailto:ajs at anvilwalrusden.com>>>
>     wrote:
>     >     >
>     >     > Dear colleagues,
>     >     >
>     >     > As usual, I note that I am a trustee of the IETF Trust,
>     and I do not
>     >     > wish anyone to understand that I am promoting any IETF or
>     Trust
>     >     > interest here.  But I am concerned that we not delay the
>     >     transition by
>     >     > organizational mmisunderstanding.  In particular,
>     >     >
>     >     >> On Sun, Sep 25, 2016 at 12:03:43AM +0200, Christopher
>     Wilkinson
>     >     wrote:
>     >     >> 2.    I understand that the CCG has been 'created' to
>     regulate
>     >     the relationships between the Naming Community and the IETF
>     Trust,
>     >     thus the interest in IPR.
>     >     >
>     >     > I think it would be better to say that the CCG is being
>     created to
>     >     > ensure that each operational community's interests are
>     properly
>     >     > represented to the Trust, which will own the IPR.  The
>     Trust is
>     >     > undertaking to manage this IPR according to the needs and
>     wishes of
>     >     > the various communities, consistent with the Trust's
>     >     responsibilities
>     >     > in respect of the IPR.
>     >     >
>     >     >> 3.    The leap from the IETF Trust to directing ICANN - as
>     >     indicated in the draft Letter of Instruction - has not been
>     >     explained. As far as I can see, the small number of delegates to
>     >     the CCG (Representatives and Co-Chairs, including apparently
>     >     ourselves) have no mandate to direct ICANN about anything.
>     What is
>     >     the eventual scope of these instructions?
>     >     >
>     >     > The scope -- which I believe is already completely
>     outlined in the
>     >     > relevant documents for the IPR issues -- is to advise and
>     direct the
>     >     > Trust about the appropriate use of the IPR for a given
>     community's
>     >     > needs.  In the case of the names community, this necessarily
>     >     involves
>     >     > instructing both ICANN and PTI about specific uses of the IANA
>     >     > trademarks and the iana.org <http://iana.org>
>     <http://iana.org> domain name (and
>     >     maybe some others, but
>     >     > iana.org <http://iana.org> <http://iana.org> is the bit one).
>     >     >
>     >     >> 4.    I would agree to your suggestion that some tutorials
>     >     might be in order. If so, these should take place well before
>     >     anything is finalised, and after public consultation (see 1.
>     above)
>     >     >>    Thus it is perhaps premature to demand that ICANN
>     accept the
>     >     draft Letter of Instructions.
>     >     >
>     >     > In my opinion, claiming that this is "premature" suggests
>     that the
>     >     > issues have not been completely vented in the CWG.  Given
>     the amount
>     >     > of time that's already been spent on this issue, I am a little
>     >     worried
>     >     > (not to say alarmed) at the suggestion that more time is
>     >     needed.  The
>     >     > IPR transfer and the resulting arrangements for each community
>     >     need in
>     >     > fact to be in place in a week, assuming the transition is to
>     >     happen on
>     >     > schedule.  I don't really understand why there could be any
>     >     confusion
>     >     > about this.
>     >     >
>     >     > Best regards,
>     >     >
>     >     > A
>     >     >
>     >     > --
>     >     > Andrew Sullivan
>     >     > ajs at anvilwalrusden.com <mailto:ajs at anvilwalrusden.com>
>     <mailto:ajs at anvilwalrusden.com <mailto:ajs at anvilwalrusden.com>>
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