July 2016 - CWG-Stewardship

FW: [client com] PTI Articles, Bylaws and Other Governance Documents
by Jonathan Robinson Aug. 4, 2016

Aug. 4, 2016

All, Please see Sharon Flanagan's note tot eh Client Committee below which is essentially self-explanatory. Since Public Comment on the PTI Articles closes today, it is essential that we sign-off on this very soon. Practically, this means today if at all possible. Thank-you, Lise & Jonathan From: Flanagan, Sharon [mailto:sflanagan@sidley.com] Sent: 28 July 2016 02:11 To: Client Committee <cwg-client(a)icann.org> Cc: Greeley, Amy E. <AGreeley(a)sidley.com> Subject: [client com] PTI Articles, Bylaws and Other Governance Documents Dear Client Committee, Attached please find drafts of the comment letter to the PTI articles and the comment letter to the PTI bylaws. Both of these documents cover the topics we have discussed and reflect the input of CWG from the prior CWG calls. The PTI articles comment letter is due July 31. We have more time on the bylaws comment letter which is not due until August 11. As I mentioned, I cannot join the call tomorrow, which I understand is primarily focused on the naming contract. However, below is a brief update on the PTI governance documents: 1. PTI articles and bylaws - draft comment letters attached. The open point in the PTI articles letter is whether the principal office location should be moved to the articles and therefore be subject to EC approval/rejection process. The open points in the PTI bylaws letter are Annex C and the input from DT-O on budget timing. 2. PTI governance documents - we received revisions back from ICANN last night and are reviewing. We will discuss with ICANN legal and then report back on whether there remain any open points after that discussion. Best regards, Sharon SHARON R. FLANAGAN SIDLEY AUSTIN LLP 555 California Street Suite 2000 San Francisco, CA 94104 +1 415 772 1271 <mailto:sflanagan@sidley.com> sflanagan(a)sidley.com <http://www.sidley.com> www.sidley.com <http://www2.sidley.com/files/upload/signatures/SIDLEY_150-AUTOSIG.png> **************************************************************************** ************************ This e-mail is sent by a law firm and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and any attachments and notify us immediately. **************************************************************************** ************************

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Names SLEs follow-up call 2
by Nathalie Vergnolle July 31, 2016

July 31, 2016

Adobe Connect: https://icann.adobeconnect.com/transitionimplexternal/ If you are Unable to log into Adobe Connect and can only join via phone: List of International Dial In Numbers: https://www.myrcplus.com/cnums.asp?bwebid=8369444&ppc=6169409441&num=1-719-… Participant Passcode: 6169409441 =========================================================== You're Invited. You've been invited to a GlobalMeet® phone only meeting. Have the meeting call you. Click the Connect Me link below. No need to dial-in. Connect Me: https://go.conferencinghub.com/1zq66 Not at your computer? You can join by dialing one of the access numbers below: Mobile: tel://1-719-234-7872,*,,6169409441#<tel://1-719-234-7872,*,,6169409441> Primary Access Number: tel://1-719-234-7872 Guest Passcode: 616 940 9441 Additional Access: USA 1-719-234-7872 Canada, Calgary +1 403 407 5801 Canada, Montreal +1 514 669 5926 Canada, Toronto +1 647 426 9175 Canada, Vancouver +1 604 224 6903 Argentina (toll free) 0800 800 1252 Argentina, Buenos Aires +54 (0) 11 5172 6020 Australia (toll free) 1 800 448 693 Australia, Brisbane +61 (0) 7 3015 0544 Australia, Melbourne +61 (0) 3 8687 0554 Australia, Sydney +61 (0) 2 8017 5796 Austria (toll free) 0800 8866 3414 Austria, Vienna +43 (0) 1 25302 1786 Bahrain (toll free) 800 81231 Bahrain, Manama +973 1619 8750 Belarus (toll free) 8 820 0011 0342 Belgium (toll free) 0800 39280 Belgium, Brussels +32 (0) 2 400 6929 Brazil (toll free) 0800 887 0244 Brazil, Rio de Janeiro +55 21 4560 0071 Brazil, Sao Paulo +55 11 4935 7170 Bulgaria (toll free) 00800 111 4951 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Athens +30 211 181 3825 Hong Kong +852 3018 9119 Hong Kong (toll free) 800 901 914 Hungary (toll free) 068 001 9675 Hungary, Budapest +36 1408 8968 Iceland (toll free) 800 9004 India (toll free) 000 800 100 8371 India, Bangalore +91 (0) 80 6127 6713 India, Chennai +91 (0)44 6688 6069 India, Delhi +91 (0) 11 6641 1393 India, Mumbai +91 (0)22 6187 5029 Indonesia (toll free) 007 803 321 8918 Ireland (national) 1890 907 631 Ireland (toll free) 1800 937 650 Ireland, Dublin +353 (0) 1 526 9422 Israel (toll free) 1809 213 173 Israel, Tel Aviv +972 (0)3 721 7954 Italy (toll free) 800 146 095 Italy, Milan +39 02 3600 8007 Italy, Rome +39 06 8750 0677 Japan (mobile) 0120 538 611 Japan (toll free) 0120 759 200 Japan, Osaka +81 (0) 6 4560 2417 Japan, Tokyo +81 (0) 3 4588 9606 Kazakhstan (toll free) 8800 333 7556 Latvia (toll free) 8000 4412 Latvia, Riga +371 6601 3641 Lithuania (toll free) 8800 31443 Lithuania, Vilnius +370 5205 5486 Luxembourg +352 2088 1910 Luxembourg (toll free) 800 28437 Malaysia (toll free) 1 800 816 165 Malaysia,Kuala Lumpur +60 (0) 3 7724 8003 Mexico (toll free) 01 800 283 3131 Mexico, Guadalajara +52 33 4162 3995 Mexico, Mexico City +52 55 8421 0858 Mexico, Monterrey +52 81 4162 3851 Morocco (toll free) 0800 091 297 Morocco, Casablanca +212 (0) 520 48 0023 Netherlands (toll free) 0800 020 2598 Netherlands, Amsterdam +31 (0) 20 716 8346 New Zealand (toll free) 0800 440 096 New Zealand, Auckland +64 (0) 9 929 1832 New Zealand, Christchurch +64 (0) 3 974 2592 New Zealand, Wellington +64 (0) 4 909 4679 Nigeria, Lagos +234 1 277 3948 Norway (toll free) 800 56082 Norway, Oslo +47 21 00 48 16 Oman (toll free) 800 77243 Panama (toll free) 00800 223 1431 Panama, Panama City +507 8 339 783 Peru (toll free) 0800 78127 Peru, Lima +51 (0) 1 700 9588 Philippines (toll free) 1 800 111 014 18 Philippines, Manila +63 (0)2 395 3435 Poland (toll free) 00 800 121 4357 Poland, Warsaw +48 22 295 3584 Portugal (toll free) 800 784 443 Portugal, Lisbon +351 21 424 5134 Qatar (toll free) 00 800 100 501 Romania (toll free) 0800 801 036 Romania, Bucharest +40 (0) 21 529 1307 Russia (toll free) 8 800 500 9272 Russia, Moscow +7 495 705 9452 Saudi Arabia (toll free) 800 844 9140 Saudi Arabia (toll free) 800 850 0228 Singapore +65 6622 1799 Singapore (toll free) 800 616 3193 Slovakia (toll free) 0800 002 003 Slovakia, Bratislava +421 (0)2 3321 5508 Slovenia (toll free) 0800 80594 Slovenia, Ljubljana 1 888 8200 South Africa (toll free) 0800 999 598 South Africa, Johannesburg +27 (0)11 589 8334 South Korea (toll free) 00798 6136 1526 South Korea, Seoul +82 (0) 2 6007 0087 Spain (toll free) 900 828 036 Spain, Barcelona +34 93 800 1947 Spain, Madrid +34 91 114 6654 Sweden (toll free) 0200 125 589 Sweden, Stockholm +46 (0) 8 5065 3957 Switzerland (toll free) 0800 740 361 Switzerland, Geneva +41 (0) 22 595 4796 Switzerland, Zurich +41 (0) 44 580 7208 Taiwan (toll free) 00 801 615 190 Taiwan, Taipei +886 (0) 2 2650 7322 Thailand (toll free) 001 800 6136 1530 Turkey (toll free) 00 800 448829138 Turkey, Istanbul +90 212 375 5032 UAE (toll free) 8000 3570 2658 UK (03) +44 (0)330 336 6011 UK (national) 0844 581 8070 UK (national) 0845 351 2783 UK (toll free) 0800 358 6387 Ukraine (toll free) 0800 500 923 Uruguay (toll free) 0004 019 0305 USA /Canada (toll free) 1-866-546-3377 Venezuela (toll free) 0 800 100 8373 Vietnam (toll free) 1201 1444

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FW: [client com] IANA IPR License & Community Agreement Template
by Jonathan Robinson July 29, 2016

July 29, 2016

All, Please see attached for the revised drafts of the IPR License and the Community Agreement. Jonathan From: Hofheimer, Joshua T. [mailto:jhofheimer@sidley.com] Sent: 27 July 2016 01:03 To: Client Committee <cwg-client(a)icann.org> Subject: [client com] IANA IPR License & Community Agreement Template Greg and all, Attached are the final CWG revised drafts of the IPR License and the Community Agreement, clean and marked against the originals. Per my prior note Greg, are you going to post, or do you want Sidley to do so. Cheers, Josh Joshua Hofheimer Sidley Austin LLP jhofheimer(a)sidley.com <mailto:jhofheimer@sidley.com> (213) 896-6061 (LA direct) (650) 565-7561 (Palo Alto direct) (323) 708-2405 (cell) **************************************************************************************************** This e-mail is sent by a law firm and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and any attachments and notify us immediately. ****************************************************************************************************

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FW: Names SLEs Data Review - Meeting Notes (21 July 2016 @ 21:00 UTC)
by Yuko Green July 28, 2016

July 28, 2016

Dear members of the CWG, Please see below the meeting notes from Names SLEs Data Review meeting that took place on 21 July at 21:00 UTC. Regards, Yuko Green From: Nathalie Vergnolle Sent: Friday, July 22, 2016 2:09 PM To: dt1(a)icann.org Cc: Trang Nguyen <trang.nguyen(a)icann.org>; Yuko Green <yuko.green(a)icann.org>; Alireza Mohammadi <alireza.mohammadi(a)icann.org>; Naela Sarras <naela.sarras(a)icann.org> Subject: Names SLEs Data Review - Meeting Notes (21 July 2016 @ 21:00 UTC) Dear members of the Names SLEs work group, Please see below the meeting notes and chat history from yesterday's Names SLEs Data Review call. The presentation material, audio and AC room recordings are now posted at https://www.icann.org/stewardship-implementation under "Meetings & Work Sessions" section. *** Meeting Notes *** Names SLEs Data Review 21 Jul 16 @ 21:00 UTC Attendees: Ali Mohammadi Allan MacGillivray Chuck Gomes (RySG) Elaine Pruis - Donuts Jay Daley Jeff Neuman Jeffrey Eckhaus Kim Davies Mary Uduma Naela Sarras Nathalie Vergnolle Patricio Poblete Paul Kane Trang Nguyen W Murray Yuko Green Notes: Data report walk-thru: Link to the Names SLEs preliminary data report: http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160715/92175b9a… [Post-meeting note] Description of Change Requests Categories: * Category I: Routine updates impacting Root Zone File * Category II: Routine updates not impacting Root Zone File * Category III: Creating or Transferring a gTLD * Category IV: Creating or Transferring a ccTLD * Category V: Other Change Requests General notes: The purpose of the call was to initiate discussions with the DT-A. It was not intended that thresholds be formally set during this meeting. The recommendations presented in the report were developed by staff, and the data reflects the new SLE data that has been collected since early March 2016, when the corresponding changes in RZMS were deployed. All data collected is in calendar days. It was suggested to add to the report any DT-A recommendations that may have been made in previous discussions. The dashboard will make visible thresholds and actual performance, and will also highlight any missed thresholds. The following notes are specific to each measurement. Processing Performance (Submission): Support from group for proposed recommendation, which is aligned with DT-A's initial recommendation of 1min (95%). Time for lodgment of email requests: Group requested that a target be set for this measurement, even in the absence of data. Group suggested threshold of 2 days. Further discussions needed for this threshold. Time to return results for technical checks following submission of request via automated submission interface: Suggestion to align Category III and IV threshold to 50 min (95%) for both categories. Time to return results for subsequent performance of technical checks during retesting due to earlier failed tests: No comments from the group. Time to return results for performance of technical checks during Supplemental Technical Check phase: Suggestion to align Cat. III and IV to 5 min (95%). Time for authorization contacts to be asked to approve CR: No comments from the group. Time for response to be affirmed by IANA: No comments from the group. Time to complete all other validations and reviews by IANA and release request for implementation: Suggested thresholds: Cat I - 5d (90%) Cat II - 5d (90%) Cat III - 5d (90%) Cat IV - Group agreed that the percentage limit should be low. In the absence of data available, threshold could be set to what would be considered a reasonable time to perform the work. This measurement requires further discussion. There was no time to go through the rest of the measurements. It was agreed that further discussions will be carried out via the mail list and another call scheduled if necessary. Dashboard demo: A real-time dashboard has been developed and the beta was demonstrated to the group. It will be ready to be deployed by the time of the transition. In addition to presenting the data as customizable charts, the tool also provides the ability to download anonymized raw data to allow for further analysis. It was suggested to add the region or the language of the requester to the log file. ICANN acknowledge that this is a good suggestion, but will need to be implemented as an enhancement post transition. A request was made to share a beta version of the dashboard with the group. This request will be looked into by staff, as authorization from NTIA would be necessary. Chat History: Yuko Green: Hello, welcome to Names SLEs Data Review meeting! Paul Kane: Kim - can you remind me your job title Kim Davies: Director, Technical Services Paul Kane: Thanks Jay Daley: Just to clairfy - this document was shared a week ago (15th) not a couple of weeks ago Chuck Gomes (RySG): I am 1754 Yuko Green: Thank you Chuck! Yuko Green: Who may be the phone number 1108? Jeff Neuman: correct Mary Uduma: no audio Jeff Neuman: DTA asked for the data so that we could determine the specific metrics Jeff Neuman: correct Jeff Neuman: we were hoping to have 6 months of data, but 3 will have to do Mary Uduma: Audio breaking Yuko Green: @Mary, we hear everything without breaking up. May I suggest that you try calling back or re-logging back into the room? Jeffrey Eckhaus: the sound via computer / adobe connect is clear for me Yuko Green: @Jefferey, thank you for confirming Jay Daley: Patricio - can you mute your line? Yuko Green: All, please mute your phone/microphone when not speaking Elaine Pruis - Donuts: chuck and jeff mute? Jay Daley: Mary - can you mute your microphone please Jeffrey Eckhaus: that is why I was so quick to agree to the 60s Jeffrey Eckhaus: we had already liked that number as a group Patricio Poblete: I was referring to CWG- DT-A - SLE - for discussion in Istanbul - DRAFT.pdf Jeff Neuman: you can use business days Jeff Neuman: 2 business days Jeff Neuman: I agree with Jay, but not sure this is the SLA where is would matter Jeff Neuman: Category III seem awfully high Jeffrey Eckhaus: Hi All , need to drop off a little early, but will catch up on the last 20 minutes or so later today Elaine Pruis - Donuts: would the host please add the definitions of the categories to teh "notes" section Elaine Pruis - Donuts: or add a window with the info Jeff Neuman: I also thing there are ways to account for months were there are fewer transactions. Understand that assigning a percentage is difficult, but that should not preclude setting reasonable targets Jeff Neuman: Foe example, in a given month if there are 5 applicable transactions, rather than a percentage, you can say that 4 out of the 5 should meet the target Jay Daley: happy for the demo Jay Daley: I agree Jeff Chuck Gomes (RySG): I have to jump off so let me share a few comments: 1) With regard to Root Zone Maintainer thresholds, it is essential that performance definitions are the same as in the RZMA agreement; 2) performance measures should exclude planned outages; 3) as a CWG member and not a member of DT-A, I would really appreciate it if DT-A would eventually present its recommended thresholds to the CWG. Paul Kane: Compare DTA's Presnted report for SLE with IANA's proposal; No blanks, use historical data, no discrimination between gTLDs and ccTLDs, Need to enter into dialogue with DTA to refine, Seems to be double dipping, Add notes are to categories to help reader Paul Kane: Exclude NTIA's process time Jeff Neuman: Good comment Jay Jeff Neuman: Thanks Kim. I do think it was a good first draft and appreciate the walk through **************** Thanks, Nathalie. Direct line: +1-310-578-8957 Mobile: +1-310-938-1037 Skype: nathalie.vergnolle.icann Jabber: nathalie.vergnolle(a)jabber.icann.org<mailto:nathalie.vergnolle@jabber.icann.org>

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Latest Draft RZERC Charter
by Yuko Green July 28, 2016

July 28, 2016

Dear members of the CWG, During today's call, it was asked within the chat that ICANN circulate the latest draft RZERC Charter, which is attached to this e-mail. This is the version that was posted for the public comment. Regards, Yuko Green Strategic Programs Manager Global Domains Division Internet Corporation for Assigned Names and Numbers (ICANN) Direct Line: +1 310 578 8693 Mobile: +1 310 745 1517 E-mail: yuko.green(a)icann.org<mailto:yuko.green@icann.org> www.icann.org<http://www.icann.org/>

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FW: [client com] ICANN-PTI Naming Functions Agreement & Services Agreement Headers
by Jonathan Robinson July 28, 2016

July 28, 2016

All, Please see below and attached for review and comments from Sidley on the Naming Function Agreement. Thank-you, Jonathan From: Hofheimer, Joshua T. [mailto:jhofheimer@sidley.com] Sent: 28 July 2016 05:11 To: 'Client Committee' <cwg-client(a)icann.org> Cc: jrobinson(a)afilias.info; Resnick, Yael <yresnick(a)sidley.com>; Grapsas, Rebecca <rebecca.grapsas(a)sidley.com>; Flanagan, Sharon <sflanagan(a)sidley.com>; Gregory, Holly <holly.gregory(a)sidley.com>; Greeley, Amy E. <AGreeley(a)Sidley.com> Subject: RE: [client com] ICANN-PTI Naming Functions Agreement & Services Agreement Headers Client Committee – Attached is a further revised draft of the Naming Functions Agreement. For convenience, we have included a clean version and two redlines – an incremental draft marked against the Sidley draft circulated per the email below, and a cumulative redline against the original ICANN-legal draft proposal. Regarding Annex C, on our review many of the concepts do appear to have been incorporated either into the Naming Functions Agreement or into the governance documents. We have added only a few suggested, additional clauses related to Annex C in the attached draft, along with mapping to the particular provision in the Annex. Thank you and speak to you tomorrow. Best regards, Josh Joshua Hofheimer Sidley Austin LLP jhofheimer(a)sidley.com <mailto:jhofheimer@sidley.com> (213) 896-6061 (LA direct) (650) 565-7561 (Palo Alto direct) (323) 708-2405 (cell) From: Jonathan Robinson [mailto:jrobinson@afilias.info] Sent: Wednesday, July 27, 2016 3:02 AM To: Hofheimer, Joshua T.; 'Client Committee' Cc: Greeley, Amy E. Subject: RE: [client com] ICANN-PTI Naming Functions Agreement & Services Agreement Headers Dear Josh, My understanding is as follows: 1. That the CWG is agreed that the provisions of Annex C must be appropriately documented into the Naming Functions Agreement, PTI Bylaws or both. 2. Sidley have indicated that it will be satisfactory (in terms of the implementation of the CWG proposal) to have the provisions of Annex C appropriately documented into the Naming Functions Agreement or PTI Bylaws or both. 3. ICANN Legal have argued that they do not believe it is appropriate to have the provisions of Annex C documented in the PTI Bylaws. Therefore, A. It will be helpful to have you confirm that the above is consistent with your understanding and B. It seems to me to be certain that the provisions (that the CWG drafted to implement Annex C) must be incorporated into the Naming Functions Agreement Accordingly, it will be helpful to receive your review of the Naming Functions Agreement against Annex C as soon as possible and/or proposed revision of the Naming Functions Agreement in order to achieve the appropriate documentation of Annex C . Thank-you. Jonathan From: Hofheimer, Joshua T. [mailto:jhofheimer@sidley.com] Sent: 26 July 2016 02:20 To: Client Committee <cwg-client(a)icann.org> Cc: Greeley, Amy E. <AGreeley(a)sidley.com <mailto:AGreeley@sidley.com> > Subject: Re: [client com] ICANN-PTI Naming Functions Agreement & Services Agreement Headers Client Committee -- Attached is a further revised draft of Sidley’s comments to the Naming Functions Agreement. For convenience, we have included a clean Word version, a cumulative PDF redline against the ICANN draft, and an internal redline against the version we sent yesterday. Please note, we have not undertaken a formal review of the Naming Functions Agreement against Annex C. We are looking for guidance from the CWG as to whether the provisions that the CWG drafted to implement Annex C (as described in the Implementation Proposal dated June 9, 2016) will be incorporated in the bylaws or the naming function agreement. Once this determination is made, we can ensure that the provisions are appropriately documented, if requested. Cheers, Josh Joshua Hofheimer Sidley Austin LLP <mailto:jhofheimer@sidley.com> jhofheimer(a)sidley.com (213) 896-6061 (LA direct) (650) 565-7561 (Palo Alto direct) (323) 708-2405 (cell)

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FW: ICANN-PTI Naming Functions Agreement & Services Agreement Headers
by Lise Fuhr July 28, 2016

July 28, 2016

Dear All, Please see the attached Naming Functions Agreement which the comments from Sidley. We have a CWG call on Thursday where we can discuss the issues raised by Sidley. Best, Lise From: cwg-client-bounces(a)icann.org [mailto:cwg-client-bounces@icann.org] On Behalf Of Hofheimer, Joshua T. Sent: 26 July 2016 03:20 To: Client Committee Cc: Greeley, Amy E. Subject: Re: [client com] ICANN-PTI Naming Functions Agreement & Services Agreement Headers Client Committee -- Attached is a further revised draft of Sidley’s comments to the Naming Functions Agreement. For convenience, we have included a clean Word version, a cumulative PDF redline against the ICANN draft, and an internal redline against the version we sent yesterday. Please note, we have not undertaken a formal review of the Naming Functions Agreement against Annex C. We are looking for guidance from the CWG as to whether the provisions that the CWG drafted to implement Annex C (as described in the Implementation Proposal dated June 9, 2016) will be incorporated in the bylaws or the naming function agreement. Once this determination is made, we can ensure that the provisions are appropriately documented, if requested. Cheers, Josh Joshua Hofheimer Sidley Austin LLP jhofheimer(a)sidley.com (213) 896-6061 (LA direct) (650) 565-7561 (Palo Alto direct) (323) 708-2405 (cell) From: Hofheimer, Joshua T. Sent: Monday, July 25, 2016 12:50 PM To: 'Client Committee' Cc: Resnick, Yael; Flanagan, Sharon; Gregory, Holly; Grapsas, Rebecca; Greeley, Amy E. Subject: RE: ICANN-PTI Naming Functions Agreement & Services Agreement Headers Dear Client Committee – If you have not already started reviewing the attached, please hold for a few hours. We will have a revised draft to you shortly with further observations on the connections to the ICANN Bylaws, and some additional revisions. Thanks, Josh Joshua Hofheimer Sidley Austin LLP jhofheimer(a)sidley.com<mailto:jhofheimer@sidley.com> (213) 896-6061 (LA direct) (650) 565-7561 (Palo Alto direct) (323) 708-2405 (cell) From: Hofheimer, Joshua T. Sent: Sunday, July 24, 2016 4:02 PM To: Client Committee Cc: Resnick, Yael; Flanagan, Sharon; Gregory, Holly; Grapsas, Rebecca; Greeley, Amy E. Subject: ICANN-PTI Naming Functions Agreement & Services Agreement Headers Dear Client Committee, Attached please find proposed comments to the Naming Functions Agreement and the Services Agreement Headers, both clean and marked against the versions sent by ICANN. Because the Services Agreement Headers received from ICANN was in PDF only, we converted to Word and added formatting. However, this has made the redline look more atrocious than it actually is. We are going to try to clean this up a little in the versions to go to ICANN, but did not want to delay getting feedback or comments from the community. On the Naming Functions Agreement, we focused primarily on verifying the mapping exercise undertaken by ICANN to ensure the CWG’s views and conditions have been incorporated. Where the proposed draft appears to be lacking or inconsistent, we have noted with questions, comments, and in some instances direct revisions. Cheers, Josh JOSHUA T. HOFHEIMER Partner SIDLEY AUSTIN LLP +1 650 565 7561 (PA direct) +1 213 896 6061 (LA direct) +1 323 708 2405 (Cell) jhofheimer(a)sidley.com<mailto:jhofheimer@sidley.com> www.sidley.com<http://www.sidley.com> [Image removed by sender. SIDLEY] **************************************************************************************************** This e-mail is sent by a law firm and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and any attachments and notify us immediately. ****************************************************************************************************

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Re: [CWG-Stewardship] Purpose of PTI
by 'ajs＠anvilwalrusden.com' July 27, 2016

July 27, 2016

No objection here. On Tue, Jul 26, 2016 at 01:01:49PM +0000, Flanagan, Sharon wrote: > Dear all- > > Below is proposed language for the PTI purpose that Sidley and ICANN legal worked through. We believe this language captures the intent of the CWG proposal while also meeting the tax requirements for a non-profit "supporting organization". > > Best regards, > Sharon > > > "The specific purpose of the corporation is to operate exclusively to carry out the purposes of the Internet Corporation for Assigned Names and Numbers (“ICANN”) by performing the IANA functions on behalf of ICANN." > > Sharon R. Flanagan > Sidley Austin LLP > SF tel: 415-772-1271 > PA tel: 650-565-7008 > Email: sflanagan(a)sidley.com > > > From: Gomes, Chuck [mailto:cgomes@verisign.com] > Sent: Wednesday, July 20, 2016 12:49 PM > To: matthew shears <mshears(a)cdt.org>; Seun Ojedeji <seun.ojedeji(a)gmail.com> > Cc: Lise Fuhr <lise.fuhr(a)difo.dk>; Andrew Sullivan <ajs(a)anvilwalrusden.com>; cwg-stewardship(a)icann.org <cwg-stewardship(a)icann.org>; jrobinson(a)afilias.info <jrobinson(a)afilias.info>; Flanagan, Sharon > Subject: RE: [CWG-Stewardship] Purpose of PTI > > Let’s let Sharon and Sam help us word this as planned on the call yesterday. > > Chuck > > From: matthew shears [mailto:mshears@cdt.org] > Sent: Wednesday, July 20, 2016 1:07 PM > To: Seun Ojedeji > Cc: Lise Fuhr; Andrew Sullivan; cwg-stewardship(a)icann.org; jrobinson(a)afilias.info; Flanagan, Sharon; Gomes, Chuck > Subject: Re: [CWG-Stewardship] Purpose of PTI > > > Not sure I see the need or value of that additional clause. Unless there is a very good legal reason for doing so we should avoid layering this with unnecessary qualifiers. > > On 20/07/2016 17:51, Seun Ojedeji wrote: > > That could work as well(even though I prefer Andrew's modification), but not without including "...exclusively for the benefit of,.." in the text which will then result to the following: > > "The specific purpose of the corporation is to perform the IANA functions on behalf of, and exclusively for the benefit of, the Internet Corporation for Assigned Names and Numbers (“*ICANN*”)." > > That ensures that PTI remains member(i.e ICANN) driven. > > Regards > Sent from my LG G4 > Kindly excuse brevity and typos > > On 20 Jul 2016 5:41 p.m., "matthew shears" <mshears(a)cdt.org<mailto:mshears@cdt.org>> wrote: > > I'm wondering if we even need to go to that next level. In the Services Agreement draft it says: "WHEREAS, following the IANA Stewardship Transition, PTI will perform the IANA > functions on behalf of ICANN;" > > So rather than making it more vague/complicated than necessary, why wouldn't the PTI bylaws state the following: > > "The specific purpose of the corporation is to perform the IANA functions on behalf of the Internet Corporation for Assigned Names and Numbers (“*ICANN*”)." > > That is its purpose. Thanks. > > Matthew > > > On 20/07/2016 17:18, Jonathan Robinson wrote: > > Copying in Sharon from Sidley as suggested by Greg on yesterday's CWG call. > > > > Jonathan > > > > -----Original Message----- > > From: Gomes, Chuck [mailto:cgomes@verisign.com] > > Sent: 19 July 2016 14:31 > > To: 'Andrew Sullivan' <ajs(a)anvilwalrusden.com><mailto:ajs@anvilwalrusden.com>; cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org> > > Subject: Re: [CWG-Stewardship] Purpose of PTI > > > > Andrew's suggestion works for me. > > > > Chuck > > > > -----Original Message----- > > From: cwg-stewardship-bounces(a)icann.org<mailto:cwg-stewardship-bounces@icann.org> [mailto:cwg-stewardship-bounces@icann.org] On Behalf Of Andrew Sullivan > > Sent: Tuesday, July 19, 2016 9:26 AM > > To: cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org> > > Subject: Re: [CWG-Stewardship] Purpose of PTI > > > > I think you are rapidly walking in to angry terminological disputes that will delay the incorporation of PTI. > > > > What about saying something like "relating to certain Internet registries and certain Internet Domain Name System zones, consistent with ICANN's Mission," or something like that? > > > > A > > > > On Tue, Jul 19, 2016 at 09:22:53AM -0400, Greg Shatan wrote: > > I suggest considering something more specific than "relating to IANA > > services" (especially since the second word in the paragraph is > > "specific") in stating the purpose of PTI, since "IANA services" is > > not a defined term nor is it self-explanatory. Rather it is a "term > > of art," and undefined terms of art are generally to be avoided > > wherever possible in drafting legal documents. > > > > We could use the current statement of purpose in the ICANN Articles as > > a jumping off point, i.e.: > > > > The specific purpose of the Corporation is to operate exclusively for > > the benefit of, to perform the functions of and to carry out the > > purposes of the Internet Corporation for Assigned Names and Numbers > > (“*ICANN*”), namely (i) coordinating the assignment of Internet > > technical parameters as needed to maintain universal connectivity on > > the Internet; (ii) performing and overseeing functions related to the coordination of the Internet Protocol (" > > *IP*") address space; (iii) performing and overseeing functions > > related to the coordination of the Internet domain name system > > ("*DNS*"); and (iv) overseeing operation of the authoritative Internet DNS root server system. > > > > I recognize that we'll probably want to change some of the verbs here > > to more accurately reflect ICANN/IANA's role vs. that of the IETF and > > RIRs, but I think this provides a good starting place for an > > appropriately specific statement of purpose. > > > > Greg > > > > On Fri, Jul 15, 2016 at 11:35 AM, Sivasubramanian M > > <isolatedn(a)gmail.com><mailto:isolatedn@gmail.com> > > wrote: > > > > Dear Chuck, > > > > On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <cgomes(a)verisign.com><mailto:cgomes@verisign.com> wrote: > > > > Would it work to make the following change:? “The specific purpose > > of the Corporation is to operate exclusively for the benefit of, to > > perform the functions of and to carry out the purposes of the > > Internet Corporation for Assigned Names and Numbers (“*ICANN*”) related to the IANA services.” > > > > Even without the change, 'related to IANA services' is implied, > > but there is no harm in saying it explicitly. When PTI operates for > > the benefit of ICANN, and ICANN is built up on the foundation of a > > fair accountability framework it, it necessarily follows that PTI > > would act in global public interest. > > > > Sivasubramanian M > > > > > > > > > > I agree with Matthew that it is not PTI’s purpose to perform all of > > ICANN’s functions and purposes. > > > > > > > > Chuck > > > > > > > > *From:* cwg-stewardship-bounces(a)icann.org<mailto:cwg-stewardship-bounces@icann.org> [mailto: > > cwg-stewardship-bounces(a)icann.org<mailto:cwg-stewardship-bounces@icann.org>] *On Behalf Of *matthew shears > > *Sent:* Friday, July 15, 2016 5:28 AM > > *To:* Yuko Green; cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org> > > *Subject:* Re: [CWG-Stewardship] Purpose of PTI > > > > > > > > Hi Yuko - thanks. > > > > As I noted in the CWG chat yesterday I am uncomfortable with this > > definition of the purpose of PTI: "The specific purpose of the > > Corporation is to operate exclusively for the benefit of, to > > perform the functions of and to carry out the purposes of the > > Internet Corporation for Assigned Names and Numbers (“*ICANN*”)." > > > > This is very broad and very vague. My understanding was that the > > purpose of the PTI subsidiary was to perform the IANA functions > > pursuant to an inter-company contract established between ICANN and > > PTI. This is very different from the proposed language. Of course > > we also need to see the inter company agreement to ensure that the > > purpose of PTI is similarly parametered. > > > > Matthew > > > > > > > > On 14/07/2016 19:00, Yuko Green wrote: > > > > Dear members of the CWG, > > > > > > > > From today’s CWG call #82, we stated that we will provide the > > transcript from the IOTF call where we discussed about the purpose > > stated within the PTI Bylaws and Articles. Extracted below is the > > transcript and chat history specifically around this topic. The > > whole transcript is available at > > https://www.icann.org/uploads/iana_work_session_asset/attachment/37<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_uploads_…> > > 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf > > and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/<https://urldefense.proofpoint.com/v2/url?u=https-3A__icann.adobeconnect.com…>. > > > > > > > > > > ****Transcript**** > > > > > > > > Paul Kane: In the articles of association, it says the sole > > function – apparently I haven’t read it, again I apologize – > > function of PTI is to serve ICANN. Historically the function of > > IANA has been to serve the community, ICANN just happens to be the > > contract to doing it. And I don’t know if that is correct, if that’s what’s in the articles of incorporation. > > But if that is, it sort of has lost the raison d’etre of PTI. It is > > not a service sector of ICANN because that makes it feel like a > > department. It’s actually trying to serve a broader community such > > as the naming community, the protocols and the numbers. But I > > haven’t read it so I will try and read it so I might be wrong. > > > > > > > > Trang Nguyen: Thanks, Paul. Let me – so Section 3 of the articles > > says this – it does say that the specific purpose of PTI is to > > operate exclusively for the benefit of and to perform the functions > > of and carry out the purposes of ICANN. And I want to go back and > > double check that again the language that is in the ICANN bylaws > > that has been adopted because I think some of this is the > > reflection of what’s included in the ICANN bylaws. So we want to do > > that cross check and come back to this group and see how it aligns > > with – what’s in the ICANN bylaws. But that is currently what is > > reflected in the PTI articles of incorporation. There are some > > comments in the chat from James. Things that affect the agreement > > are done by contract with ICANN for protocol and numbers means that > > there needs to be language to that effect in the PTI articles… > > > > > > > > James Gannon: So, yes, Paul, I had a similar comment from somebody > > else as well from the IETF area. And I think in I suppose > > philosophical principle, yes, it is a slight change but I think in > > the reality the fact that both the numbers and protocol communities > > will still contract with ICANN it needs to be very clear in PTI’s > > documents then that, yes, it is for the purposes of fulfilling the > > IANA functions it needs to be able to serve the owners of those > > contracts, which is ICANN still. So I think philosophically, yes, > > it doesn’t really sound very right, but I think for the realities > > of running PTI and for PTI to be accountable through the mechanisms > > that we’ve built up that there does need to be language like that > > inside the articles to make sure that it’s clear that the – those > > two communities have the right of PTI serving their needs but also > > then the accountability mechanism that we’ve put into ICANN are > > also then bound to PTI by that language going backwards. And I think Trang is right that it’s also reflected in the ICANN bylaws going downwards towards PTI. > > > > > > > > Trang Nguyen: Thank you, James. And I see Russ has similar comments > > in the chat as well that the contract for the protocol parameters > > function as well as with the numbers are with ICANN and not PTI. > > > > > > > > > > > > ****Chat**** > > > > > > > > Trang Nguyen: The specific purpose of the Corporation is to > > operate exclusively for the benefit of, to perform the functions > > of, and to carry out the purposes of the Internet Corporation for > > Assigned Names and Numbers, a California nonprofit public benefit corporation(“ICANN”). > > > > > > > > James Gannon: I think this was Stephens comment yes? I think that > > the fact that the agreements are done via contact to ICANN for > > protocol and numbers means that there needs to be language to that > > effect in the PTI articles > > > > > > > > James Gannon: (Sorry no mic) > > > > > > > > Paul Kane: A cross check is welcome but I hope you see my point it > > is off target > > > > > > > > Russ Housley: @Paul, the Numbers and Protocol Parameter communities > > have their agreements with ICANN, not PTI. > > > > > > > > Paul Kane: Good Point Russ > > > > > > > > Russ Housley: @Paul, ICANN is choosing to put that work in PTI. > > > > > > > > Russ Housley: @Paul, so PTI is an affiliate of ICANN to perform all > > of that work > > > > > > > > Paul Kane: ok -thanks > > > > > > > > > > > > > > > > Regards, > > > > > > > > *Yuko Green* > > > > Strategic Programs Manager > > > > Global Domains Division > > > > Internet Corporation for Assigned Names and Numbers (ICANN) > > > > > > > > Direct Line: +1 310 578 8693<tel:%2B1%20310%20578%208693> > > > > Mobile: +1 310 745 1517<tel:%2B1%20310%20745%201517> > > > > E-mail: yuko.green(a)icann.org<mailto:yuko.green@icann.org> > > > > www.icann.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=CwMGaQ&…> > > > > > > > > > > > > > > _______________________________________________ > > > > CWG-Stewardship mailing list > > > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > > > > > -- > > > > > > > > -------------- > > > > Matthew Shears > > > > Global Internet Policy and Human Rights > > > > Center for Democracy & Technology (CDT) > > > > + 44 771 2472987<tel:%2B%2044%20771%202472987> > > > > > > ------------------------------ > > > > [image: Avast logo] <https://www.avast.com/antivirus><https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_antiviru…> > > > > This email has been checked for viruses by Avast antivirus software. > > www.avast.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avast.com&d=CwMGaQ&…> <https://www.avast.com/antivirus><https://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_antiviru…> > > > > > > > > _______________________________________________ > > CWG-Stewardship mailing list > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > > > > > -- > > Sivasubramanian M > > <https://www.facebook.com/sivasubramanian.muthusamy><https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_sivas…> > > > > _______________________________________________ > > CWG-Stewardship mailing list > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > > > _______________________________________________ > > CWG-Stewardship mailing list > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > -- > > Andrew Sullivan > > ajs(a)anvilwalrusden.com<mailto:ajs@anvilwalrusden.com> > > _______________________________________________ > > CWG-Stewardship mailing list > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > _______________________________________________ > > CWG-Stewardship mailing list > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > _______________________________________________ > > CWG-Stewardship mailing list > > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > -- > > > > -------------- > > Matthew Shears > > Global Internet Policy and Human Rights > > Center for Democracy & Technology (CDT) > > + 44 771 2472987<tel:%2B%2044%20771%202472987> > > _______________________________________________ > CWG-Stewardship mailing list > CWG-Stewardship(a)icann.org<mailto:CWG-Stewardship@icann.org> > https://mm.icann.org/mailman/listinfo/cwg-stewardship<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_l…> > > > > -- > > > > -------------- > > Matthew Shears > > Global Internet Policy and Human Rights > > Center for Democracy & Technology (CDT) > > + 44 771 2472987 > > > > **************************************************************************************************** > This e-mail is sent by a law firm and may contain information that is privileged or confidential. > If you are not the intended recipient, please delete the e-mail and any attachments and notify us > immediately. > > **************************************************************************************************** -- Andrew Sullivan ajs(a)anvilwalrusden.com

6 5

IANA Stewardship Transition Implementation Planning Update (Volume 4)
by Yuko Green July 26, 2016

July 26, 2016

Original link: https://www.icann.org/news/blog/iana-stewardship-transition-implementation-… IANA Stewardship Transition Implementation Planning Update (Volume 4) ICANN is compiling updates on the progress of the IANA Stewardship Transition and Enhancing ICANN Accountability implementation planning efforts. This information is positioned to help inform interested stakeholders on the recent developments in the processes, upcoming key dates, and latest documents and drafts that occur over the timeframe. Root Zone Management The Root Zone Management implementation planning track contains projects relating to changes to the root zone management system (RZMS) to remove NTIA's authorization role, parallel testing of the production and parallel test RZMS, and the development and execution of an agreement with Verisign as the root zone maintainer. Root Zone Management System (RZMS) Changes to Remove Root Zone Administrator (RZA) Role and Support Parallel Testing Status update: On 6 July 2016, ICANN and Verisign successfully completed<https://www.icann.org/news/announcement-2016-07-14-en> the 90-day parallel testing period of theRoot Zone Management System (RZMS). During the testing period, zero unexplained differences were found between the production RZMS and the parallel test version of the RZMS, which has the U.S. National Telecommunications and Information Administration (NTIA) authorization step removed. You can view daily comparison reports<http://www.verisign.com/rzms-parallel-ops/index.html> created during the testing period on Verisign's website. Additionally, monthly progress reports for the testing period are available on ICANN's designated Root Zone Management System Parallel Testing webpage<https://www.icann.org/en/stewardship-implementation/root-zone-management-sy…>. Documents/announcements posted: 90-day Root Zone Management System "Parallel Testing" Period Ends Successfully<https://www.icann.org/news/announcement-2016-07-14-en> Verisign Daily Parallel Operations Root Zone Management System Comparisons<http://www.verisign.com/rzms-parallel-ops/index.html> Second RZMS Monthly Progress Report <https://www.icann.org/iana_imp_docs/55-rzms-parallel-testing-monthly-report…> Root Zone Maintainer Agreement (RZMA) Status update: ICANN and Verisign have completed<https://www.icann.org/news/blog/root-zone-management-transition-update-pres…> the discussions and negotiations for the Root Zone Maintainer Services Agreement (RZMA). On 29 June 2016, ICANN published the RZMA<https://www.icann.org/iana_imp_docs/63-root-zone-maintainer-agreement-v-1-0> for a 30-day public review period. Documents/announcements posted: Root Zone Management Transition Update: Preservation of Security, Stability and Resiliency<https://www.icann.org/news/blog/root-zone-management-transition-update-pres…> Root Zone Maintainer Services Agreement<https://www.icann.org/iana_imp_docs/63-root-zone-maintainer-agreement-v-1-0> ________________________________ Stewardship Transition The Stewardship Transition planning track contains projects to prepare agreements with the operational communities, creation of a Post-Transition IANA (PTI) entity, establishment of a Customer Standing Committee (CSC) and a Root Zone Evolution Review Committee (RZERC), operationalizing the IANA customer service escalation mechanisms and Service Level Agreements (SLAs). Service Level Expectations (SLEs) for Naming Community Status update: As noted previously, ICANN has been collecting SLE data over the past 3 ½ months in order to propose performance targets to the SLE Design Team of the Cross Community Working Group Names (CWG-Stewardship) for their consideration. An analysis of the aggregated data, as well as ICANN's proposed thresholds for the SLEs, are provided in a summary report<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160715/92175b9a…> that was circulated to the community last week. ICANN will be holding a call this week to discuss the report and demo the dashboard that will be used to report on PTI's actual performance against agreed-to thresholds with the CWG-Stewardship, Documents/announcements posted: Preliminary Review of Service Level Expectation Data<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160715/92175b9a…> Mailing list: http://mm.icann.org/pipermail/dt1 Service Level Agreement (SLA) for the IANA Numbering Services Status update: ICANN and the Regional Internet Registries (RIRs) have signed<https://www.icann.org/news/announcement-2016-06-29-en> the SLA for the IANA Numbering Services<https://www.nro.net/wp-content/uploads/ICANN-RIR-SLA-signature25May16.pdf>. The agreement will become effective on the date of the transition. Documents/announcements posted: ICANN Signs Service Level Agreement with Regional Internet Registries and Finalizes 2016 Supplemental Agreement with Internet Engineering Task Force<https://www.icann.org/news/announcement-2016-06-29-en> Mailing list: https://www.nro.net/pipermail/ianaxfer/ Memorandum of Understanding (MoU) Supplemental Agreement for the Internet Engineering Task Force (IETF) Status update: ICANN has signed the 2016 Memorandum of Understanding (MoU) Supplemental Agreement with the Internet Engineering Task Force (IETF)<https://www.icann.org/iana_imp_docs/59-2016-icann-ietf-mou-supplemental-agr…> for the performance of the protocol parameters functions. The agreement will become effective on the date of the transition. Documents/announcements posted: ICANN Signs Service Level Agreement with Regional Internet Registries and Finalizes 2016 Supplemental Agreement with Internet Engineering Task Force<https://www.icann.org/news/announcement-2016-06-29-en> Memorandum of Understanding (MoU) Supplemental Agreement with the Internet Engineering Task Force (IETF)<https://www.icann.org/iana_imp_docs/59-2016-icann-ietf-mou-supplemental-agr…> Customer Standing Committee (CSC) Status update: The deadline for appointing organizations to send candidate selections is Friday, 22 July 2016. ICANNwill then forward the appointments to the ccNSO and GNCO Councils for final approval of the full CSC membership. Documents/announcements posted: None. Mailing list: http://mm.icann.org/pipermail/cwg-stewardship/ http://mm.icann.org/pipermail/iotf Root Zone Evolution Review Committee (RZERC) Status update: A public comment period on the RZERC draft charter was closed on 10 July 2016. In total, 7 individuals and organizations submitted comments<https://www.icann.org/public-comments/draft-rzerc-charter-2016-06-10-en>. ICANN staff is currently finalizing an analysis of the comments received. ICANN hopes to be able to begin forming the committee soon. The RZERC will become operational upon the successful completion of the transition. Documents/announcements posted: None. Mailing list: http://mm.icann.org/pipermail/cwg-stewardship/ http://mm.icann.org/pipermail/iotf/ Post-transition IANA (PTI) Status update: There are currently three public comment periods underway for the formation of PTI. Any interested party may review and provide feedback on these important PTI formation documents. 1) Draft PTI Articles of Incorporation<https://www.icann.org/public-comments/draft-pti-articles-incorporation-2016…> The proposed draft of the PTI Articles of Incorporation was developed to meet the community proposal recommendation that a new legal entity be formed to perform the three IANA functions. The Articles were drafted to the ICG and CWG-Stewardship proposals, which were developed through public processes, and adopted by the ICANN Board and transmitted to NTIA on 10 March 2016. The public comment process provides the community with an opportunity to comment on whether the drafted Articles are inconsistent with the proposals, and is not intended to be a forum for the reconsideration of the proposals. Closes: 31 July 2016 at 23:59 UTC 2) PTI Governance Documents<https://www.icann.org/public-comments/pti-governance-documents-2016-07-08-en> The governance documents include the: · Draft PTI Conflict of Interest Policy · Draft PTI Board Code of Conduct · Draft PTI Expected Standard of Behavior The Conflict of Interest Policy and Board Code of Conduct were developed to strengthen PTI's governance practices, and the Expected Standard of Behavior was developed to guide PTI's Board, staff, customers and broader community on expected standards to guide their participation. Each of these documents is modeled off of the versions already in force in ICANN, and the public comment period is intended to seek comments on conformance of these documents to PTI. Closes: 7 August 2016 at 23:59 UTC 3) Draft PTI Bylaws<https://www.icann.org/public-comments/draft-pti-bylaws-2016-07-12-en> PTI Bylaws contains PTI's governance requirements, including composition of the Board, conduct of Board meetings, powers of the Board and PTI officers, and budgeting, planning and record keeping requirements. The Bylaws were drafted to meet the ICG and CWG-Stewardship proposals, which were developed through public processes, and adopted by the ICANN Board and transmitted to NTIA on 10 March 2016. The public comment process provides the community with an opportunity to comment on whether the drafted Bylaws are inconsistent with the proposals, and is not intended to be a forum for the reconsideration of the proposals. Closes: 11 August 2016 at 23:59 UTC In addition, ICANN has circulated to the community drafts of the ICANN-PTI contracts for review, including: · Draft Naming Function Agreement<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> · Draft Number Subcontracting Agreement<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> · Draft Protocol Parameter Subcontracting Agreement<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> · Draft ICANN-PTI Intercompany Services Agreement headers<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> Documents/announcements posted: Draft PTI Articles of Incorporation<https://www.icann.org/en/system/files/files/draft-pti-articles-incorporatio…> Draft PTI Bylaws<https://www.icann.org/en/system/files/files/draft-pti-bylaws-12jul16-en.pdf> Draft PTI Conflict of Interest Policy<https://www.icann.org/en/system/files/files/draft-pti-coi-08jul16-en.pdf> Draft PTI Board Code of Conduct<https://www.icann.org/en/system/files/files/draft-pti-code-of-conduct-08jul…> Draft PTI Expected Standard of Behavior<https://www.icann.org/en/system/files/files/draft-pti-expected-standards-08…> Draft Naming Function Agreement<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> Draft Number Subcontracting Agreement<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> Draft Protocol Parameter Subcontracting Agreement<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> Draft ICANN-PTI Intercompany Services Agreement Headers<http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160716/63d8860e…> Mailing list: http://mm.icann.org/pipermail/cwg-stewardship/ http://mm.icann.org/pipermail/iotf/ ________________________________ Accountability Enhancements The Accountability Enhancements Planning track contains projects to plan for implementation of enhancements to ICANN's Independent Review and Reconsideration Request processes, to update ICANN's governance documents, and to operationalize new community powers defined by the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability). ICANN's Updated Articles of Incorporation Status update: The 40-day public comment period on ICANN's Draft Restated Articles of Incorporation was extended by one week, and closed on 13 July 2016. In total, 6 submissions<https://forum.icann.org/lists/comments-draft-restated-articles-incorporatio…> were received during the comment period. ICANN staff is currently finalizing an analysis of the comments received. Documents/announcements posted: None. Mailing list: None. Independent Review Process (IRP) Status update: The CCWG-Accountability formed a Working Party called the IRP Implementation Oversight Team (IOT)<https://community.icann.org/pages/viewpage.action?pageId=59643726>to define supplemental procedures for the enhanced IRP process defined by the CCWG-Accountability in its Work Stream 1 proposal. The IOT has held 5 meetings and all resources and archives can be found here<https://community.icann.org/display/WEIA/IRP-IOT+Meetings>. Documents/announcements posted: None. Mailing list: http://mm.icann.org/pipermail/iot/

1 0

Agenda for CWG meeting (28 July @14:00 UTC)
by Yuko Green July 26, 2016

July 26, 2016

Dear members of the CWG, Please see below the proposed agenda for the call: Proposed Agenda: 1. Status Update (Chairs) 2. Implementation Update (Staff) 3. Key Issues (with Sidley) * PTI Articles of Incorporation * PTI Governance Documents o Conflict of Interest Policy o Board Code of Conduct o Expected Standard of Behavior * PTI Bylaws * Naming Functions Agreement (including Annex C?) * Services Agreement (headers now available) * IANA IPR 4. Client Committee 5. AOB To aid our discussion for our call, please find below the action items from our last meeting on 19 July: * In Progress (ICANN Legal): Review Sidley's comments on 3 governance documents and bring version 2 documents to CWG for review * ACTION (CWG): Review the recirculated Annex C table before the next CWG meeting/s * COMPLETED (ICANN): Circulate the RZERC qualification to CWG mail list * COMPLETED (Chairs): Confirm next meeting/s date and time Links to documents and open public comment periods: * PTI Articles of Incorporation (Comment closes 31 July): https://www.icann.org/public-comments/draft-pti-articles-incorporation-2016… * PTI Governance Documents (07 August): https://www.icann.org/public-comments/pti-governance-documents-2016-07-08-en * PTI Bylaws (11 August): https://www.icann.org/public-comments/draft-pti-bylaws-2016-07-12-en * Annex C table: https://community.icann.org/download/attachments/49351404/Change-Pro%20Redl… Regards, Yuko Green Strategic Programs Manager Global Domains Division Internet Corporation for Assigned Names and Numbers (ICANN) Direct Line: +1 310 578 8693 Mobile: +1 310 745 1517 E-mail: yuko.green(a)icann.org<mailto:yuko.green@icann.org> www.icann.org<http://www.icann.org/>

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