FYI ---------- Forwarded message --------- From: Olivier MJ Crépin-Leblond <ocl@gih.com> Date: Tue, Nov 5, 2024, 12:55 Subject: IANA IPR transfer process To: Greg Shatan <gregshatanalac@gmail.com> Cc: Sally Costerton <sally.costerton@icann.org>, john.jeffrey@icann.org < john.jeffrey@icann.org>, German Valdez <german@nro.net>, Tomslin Samme-Nlar <mesumbeslin@gmail.com>, Jonathan Zuck <JZuck@innovatorsnetwork.org>, < nico.caballero@board.icann.org>, <alejandra.reynoso@gmail.com>, Olivier MJ Crepin-Leblond <ocl@gih.com> Dear Greg, It has been several weeks since your last update to the Consolidated Policy Working Group (CPWG) on 9 October 2024 in relation to the proposed transfer of IANA IPR from the IETF Trust to the IETF Intellectual Property Management Corporation. I was looking at the IANA IPR Transfer Process, including the contents of the actual IANA IPR Community Agreement dated 30 September 2016. Note this includes the actual Licensing Agreements between each of the Operational Communities and the IETF Trust. https://trustee.ietf.org/wp-content/uploads/Community-Agreement-2016-09-30-E... *The parties are defined as: The IETF Trust, a Virginia common law trust (“IETF Trust”) and the Internet Corporation for Assigned Names and Numbers, on behalf of the Names Community, AFRINIC Ltd (“AFRINIC”), APNIC Pty Ltd, (“APNIC”), American Registry for Internet Numbers, Ltd (“ARIN”), Latin American and Caribbean Internet Addresses Registry (“LACNIC”), Réseaux IP Européens Network Coordination Centre (“RIPE NCC”) (collectively, the “Number Resource Organization” (“NRO”) or the “Numbers Community”) and the Internet Engineering Task Force, an activity of the Internet Society, a District of Columbia non- profit corporation (“Protocol Parameter Community”) (the Names Community, Numbers Community, and Protocol Parameter Community are each an “Operational Community” and collectively the “Operational Communities”). *As per Clause 7.1, *"This Agreement will be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts of law provisions"* Note also that the "Internet Society" D/B/A Internet Engineering Task Force is also a signatory to the Agreement, signed by the then CFO of the Internet Society (Gregory Kapfer). In the Names Community, the Agreements were signed by the then ICANN CEO (Göran Marby). In your update during the Consolidated Policy Working Group (CPWG) weekly call of 25 September 2024 (transcript: https://drive.google.com/file/d/1FGat8GqnKUEgdtDsxOFMQNNSp4xSwUyT/view?usp=s... ), you mention that you have contacted both the members of the ICANN Empowered Community ("EC") as well as ICANN Legal. Current members of the Empowered Community are: - German Valdez Designated by the Address Supporting Organization (ASO) - Alejandra Reynoso Designated by the Country Code Names Supporting Organization (ccNSO) - Tomslin Samme-Nlar Designated by the Generic Names Supporting Organization (GNSO) - Jonathan Zuck Designated by the At-Large Advisory Committee (ALAC) - Nicolas Caballero Designated by the Governmental Advisory Committee (GAC) Ref: https://www.icann.org/resources/pages/ec-administration-2017-05-25-en Unfortunately, checking the correspondence page for the Empowered Community on https://www.icann.org/en/ec/correspondence I could not find any record of your correspondence. Similarly, when I checked the letters to ICANN on https://www.icann.org/resources/pages/correspondence I was unable to find any correspondence from you to ICANN Legal. Whilst I was able to find a procedure for the naming of Community Coordination Group ("CCG") members by the IETF on behalf of the Protocols Community (RFC8090 - https://datatracker.ietf.org/doc/rfc8090/ ), I was unable to find such process despite the ASO/NRO process description for its Community Powers on https://www.nro.net/accountability/aso-and-icann-accountability/icann-empowe... , nor have I found any equivalent document for the Naming Community. I also could not find any administrative request relating to the CCG for the ICANN Empowered Community Administration Mailing List, as linked from https://www.icann.org/resources/pages/ec-administration-2017-05-25-en As you know, the IANA IPR Transfer Process is an important, Legal Process that needs to happen on the Record. Much care has been put in the IANA Stewardship Transition processes and there is an extensive amount of tracking and traceability associated with any process that emerged from the Transition as a matter of Transparency and Accountability. My questions are: 1. Where is the official Record relating to the Legal Process referred-to above? 2. Noting that ICANN 81 and the ICANN AGM is taking place in a few days, what steps are in hand to comply with the request made in relation to the IANA IPR Transfer Process? Kindest regards, Olivier MJ Crépin-Leblond, PhD (in a personal capacity)