Dear Eric,

On Thu, Jan 15, 2015 at 12:07 AM, Eric Brunner-Williams <ebw@abenaki.wabanaki.net> wrote:
Siva,

As a personal courtesy I would appreciate answers to few questions.

In #23, in the phrase "the current IANA functions operator" might refer to some point in the future, e.g., after 2017, at which the IANA Functions might be conducted by some party other than the current contractor (ICANN), or it might refer to the current 2015 contractor (ICANN).

It might be useful to clarify which, some entity not at present the IANA Functions contractor, or the present IANA Functions contractor, is hypothesized as litigating to prevent a change of the IANA Functions contract operator.

​These are imaginary scenarios, not to be read as alluding to a real, existing or anticipated threat. In this imaginary scenario, "the current IANA functions operator" refers to the present IANA functions operator, rather impersonally. The preventive / mitigation strategy mentioned points to this imaginary scenario of a threat of litigation from the present IANA operator.
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What appears to be the same scenario appears, with more language, at #30.

In #33, the Periodic Review Teams (PRT) sues the "Iana Contracting Entity". In neither the current Bylaws, Article IV, Section 4, which contains provisions for "periodic review", and subordinate documents (Methodology,  Systematization, etc.), nor in the Affirmation of Commitments can I find a delegation of legal incorporation authority to a Review Team.

It might be useful to clarify which Review Teams may form legal persons and "sue" some third-party, e.g., the  current 2015 IANA Functions contractor (ICANN), and where this standing arises.



In #26, #27 and #28, a Periodic Review Team appears to periodically select awardee(s) to one or more successor(s) to the current IANA Functions Contract. Is this a correct reading of these scenarios? If so, as with #33, it might be useful to clarify where the authority to award the successor(s) to the current IANA Functions Contract arises.

​
​Olivier
​came up with
 scenario
​s 26, 27, 28 as well as 33 among a few others​
. He would be in a better position to clarify. The message is copied to him.
​ ​
​
 

I've copied the WS4 list simply to create a record of these questions outside of my cluttered mailer's archives, and "I don't know" is a reasonable answer, as these are among Olivier Crepin-LeBlond's contributions.

Thanks in advance,
Eric Brunner-Williams