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@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.