[ALAC] URGENT: Decision regarding IANA Transition

[Alan Greenberg]

Thanks for catching that Seun. I had a conflict 
for that meeting of the CWG and could not attend, 
so was not aware of the change.

I have let Trang know and she will update the document.

Alan

At 29/09/2016 02:29 PM, Seun Ojedeji wrote:

>This is fine, just a minor correction; the initial CCG members are:
>
>Maarten Simon, Christopher Wilkinson and Greg Shatan, as CCG Names Co-Chair.
>
>Regards
>
>Sent from my LG G4
>Kindly excuse brevity and typos
>
>On 29 Sep 2016 7:10 p.m., "Alan Greenberg" 
><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>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 <<mailto:trang.nguyen at icann.org>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 NNames 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 
>writinng 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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