[ALAC] URGENT: Decision regarding IANA Transition

Alan Greenberg alan.greenberg at mcgill.ca
Thu Sep 29 18:03:52 UTC 2016


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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