[ALAC-LT] URGENT ACTION: Decision regarding IANA Transition

Rinalia Abdul Rahim rinalia.abdulrahim at gmail.com
Fri Sep 30 13:07:02 UTC 2016


Hi,

I would like to have a view from the ALT that is making this decision to
support the agreements.
Are you satisfied that there are sufficient checks and balances in place
that can address or prevent a situation where IETF Trust trustees go
rogue?

Rinalia


On Thu, Sep 29, 2016 at 8:09 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> Leon, Tijani, Holly and Sandra,
>
> As per the message below, I ask your you agreement that the ALT, on behalf
> of the ALAC, support the IP agreements as presented.
>
> For transparency, I would prefer if this is a unanimous decision of the
> ALT.
>
> For the record, I support this proposal.
>
> I ask Staff to monitor the replies and: a) let me know when we have
> replies from all ALT Members; b) reach out to ALT Members who have not
> responded by the end of today.
>
> Alan
>
>
>
>
> To: alac <alac at atlarge-lists.icann.org>
>> From: Alan Greenberg <alan.greenberg at mcgill.ca>
>> Subject: URGENT: Decision regarding IANA Transition
>>
>> The following has just been brought to my attention.
>>
>> As described in the message forwarded below, the ALAC, as a Chartering
>> Organization of the CWG-Stewardship, is being asked if we support the
>> proposal regarding the handling of the IANA-related intellectual property
>> and domain names. They will be transferred to the IETF Trust with the three
>> IANA communities overseeing IETF Trust. The oversight will be carried out
>> through a Community Coordinating Committee (CCG).
>>
>> In summary:
>> - ICANN will act as the signatory to the agreements on behalf of the
>> Names Community
>> - The CWG, as long as it exists, will provide direction to ICANN in this
>> respect.
>> - In the event that the CWG no longer exists, the Chairs of the
>> consenting AC/SOs will collectively direct ICANN in this respect.
>> - Initial Names Community CCG representatives shall be the CWG co-chairs
>> plus Greg Shatan who has overseen the entire IP process.
>>
>> There has been extensive discussion within the CWG on this and I believe
>> that the resultant plan more than meets ICANN's needs.
>>
>> The US Congress has not blocked the transition, but a number of US States
>> are attempting to do so through the courts. At this point we are presuming
>> that the Stewardship will go through and accordingly, the IP-related
>> contracts need to be signed by tomorrow.
>>
>> Under ALAC RoP 6.2: The ALT shall have no other explicit responsibilities
>> and is not empowered to make substantive decisions on the part of the ALAC
>> unless urgency or confidentiality precludes consulting the ALAC. In such a
>> case, the decision needs to be ratified with the ALAC as soon as practical.
>>
>> I will be asking the ALT to provide ALAC agreement by tomorrow and if the
>> ALT does so, I will come back to the ALAC for ratification.
>>
>> IF ANYONE HAS SIGNIFICANT CONCERNS ABOUT THE ALAC SUPPORTING THIS ACTION,
>> PLEASE CONTACT ME IMMEDIATELY.
>>
>> Alan
>>
>> From: Trang Nguyen <trang.nguyen at icann.org>
>>> Subject: Note from CWG-Stewardship Chairs to the Chairs of the
>>> CWG-Stewardship
>>>  Chartering Organizations Regarding IANA Intellectual Property Right
>>> Date: Thu, 29 Sep 2016 14:37:38 +0000
>>>
>>> Dear Chairs,
>>>
>>> Please see below a note from the Jonathan Robinson and Lise Fuhr,
>>> Co-Chairs of the CWG-Stewardship.
>>> --
>>> Dear SO/AC chairs and co-chairs,
>>>
>>> As part of the transition implementation work, representatives from the
>>> names community, the numbers community, the protocol parameters community,
>>> the IETF Trust, and ICANN have drafted a set of agreements to effectuate
>>> the transfer of the IANA IPR from ICANN to the IETF Trust and to govern the
>>> relationships amongst the parties with respect to the IPR after the
>>> transfer.
>>>
>>> These agreements are:
>>>
>>> - IANA IPR Assignment Agreement: This agreement transfers the IPR from
>>> ICANN to the IETF Trust.
>>>
>>> - 3 IANA IPR License Agreements (one each for the names, numbers, and
>>> protocol parameters IANA services.): These agreements allows for the IANA
>>> functions operator to use the IPR.
>>>
>>> - IANA - IPR Community Agreement: This agreement explains the rights and
>>> obligations of the IETF Trust and each operational community as regards the
>>> IPR.
>>>
>>> After a public comment period last month, the agreements have been
>>> finalized and are ready to be executed.
>>>
>>> One of the decisions that the CWG had to make as part of the work was to
>>> identify who would be the signatory of the Community Agreement on behalf of
>>> the Naming Community. The decision made by the group, with input from CWG
>>> external counsel, was to ask ICANN to play that role. An instruction letter
>>> has been assembled for that purpose.
>>>
>>> The Instruction Letter says: "This letter confirms the request of the
>>> Cross Community Working Group to Develop an IANA Stewardship Transition
>>> Proposal on Naming Related Functions (“CWG”) for the benefit of those of
>>> its listed chartering organizations – the Country Code Names Supporting
>>> Organization (“ccNSO”), the Security and Stability Advisory Committee
>>> (“SSAC”), the Generic Names Supporting Organization (“GNSO”), the At Large
>>> Advisory Committee (“ALAC”) and the Governmental Advisory Committee (“GAC”)
>>> – that have affirmed or hereafter affirm in writing that they agree to be
>>> included herein (each a “Consenting SO/AC” and collectively, the “Names
>>> Community”) that ICANN serve as the signatory for the Names Community under
>>> the Community Agreement."
>>>
>>> This makes reference to the COs affirming in writing that they agree to
>>> be included in the instruction letter as a consenting SO/AC.
>>>
>>> As ICANN might formally reach out to us to obtain confirmation that one
>>> or more COs have agreed to be a consenting SO/AC, we hereby kindly ask that
>>> you provide such a written confirmation as a matter of urgency by replying
>>> to this email, preferably on or before September 30th, 2016, so that the
>>> signing of the agreement may proceed as planned.
>>>
>>> Thank you for your cooperation,
>>>
>>> Lise Fuhr & Jonathan Robinson, CWG co-chairs.
>>>
>>
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