- CWG-Stewardship - lists.icann.org

FW: CWG Comment Letter - PTI Governance Documents
by Lise Fuhr Aug. 4, 2016

Aug. 4, 2016

Dear All, I forward the governance documents from Sidley. We have reviewed the documents earlier at a CWG call and Sidley and ICANN legal have worked together on the text. The aim is to sign off the comment letter and documents at the call later today. Best regards, Jonathan and Lise From: cwg-client-bounces(a)icann.org [mailto:cwg-client-bounces@icann.org] On Behalf Of Grapsas, Rebecca Sent: 04 August 2016 02:27 To: Client Committee Subject: [client com] CWG Comment Letter - PTI Governance Documents Dear Client Committee, At Sharon’s request, attached please find a draft of the comment letter to the PTI governance documents and our comments on those documents. The comment letter is due August 7. Best regards, Rebecca REBECCA GRAPSAS Counsel SIDLEY AUSTIN LLP 787 Seventh Avenue New York, NY 10019 +1 212 839 8541 rebecca.grapsas(a)sidley.com<mailto:rebecca.grapsas@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] [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
by Xavier J. Calvez Aug. 3, 2016

Aug. 3, 2016

Brett, Thank you for following. I apologize for the delay in responding. I am close and hope to send an email response by the end of tomorrow, if not earlier. As you all know, we are working hard on the IANA stewardship transition implementation plan and have many critical deliverables with due dates every week, which consume a lot of our time. This is not to say that this topic is not fundamentally important, it is, but there are simply other urgent and important activities that we are attending to at the same time. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org> Date: Wednesday, August 3, 2016 at 10:40 AM To: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org>, Zakir Syed <zakirbinrehman(a)yahoo.com>, Marilyn Cade <marilynscade(a)hotmail.com>, Sam Lanfranco <sam(a)lanfranco.net>, Phil Corwin <psc(a)vlaw-dc.com>, Ken Stubbs <kstubbs(a)afilias.info>, Paul Rosenzweig <paul.rosenzweig(a)redbranchconsulting.com>, Xavier Calvez <xavier.calvez(a)icann.org> Cc: "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>, 'CCWG-Accountability' <accountability-cross-community(a)icann.org>, "icann-board(a)icann.org" <icann-board(a)icann.org>, Executive Team <executive-team(a)icann.org>, COMMS Team <commsteam(a)icann.org>, "community-finance(a)icann.org" <community-finance(a)icann.org>, Finance Staff <finance-staff(a)icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned? Thanks, Brett Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: accountability-cross-community-bounces(a)icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship(a)icann.org; 'CCWG-Accountability'; icann-board(a)icann.org; 'Executive Team'; 'COMMS Team'; community-finance(a)icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you planning to answer the questions raised in this thread? Thanks, Brett Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship(a)icann.org; 'CCWG-Accountability'; icann-board(a)icann.org; 'Executive Team'; 'COMMS Team'; community-finance(a)icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not? Zakir From: Marilyn Cade <marilynscade(a)hotmail.com> To: Sam Lanfranco <sam(a)lanfranco.net>; Phil Corwin <psc(a)vlaw-dc.com>; Ken Stubbs <kstubbs(a)afilias.info>; Paul Rosenzweig <paul.rosenzweig(a)redbranchconsulting.com>; "'Schaefer, Brett'" <brett.schaefer(a)heritage.org>; 'Xavier J. Calvez' <xavier.calvez(a)icann.org> Cc: "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>; 'CCWG-Accountability' <accountability-cross-community(a)icann.org>; "icann-board(a)icann.org" <icann-board(a)icann.org>; 'Executive Team' <executive-team(a)icann.org>; 'COMMS Team' <commsteam(a)icann.org>; "community-finance(a)icann.org" <community-finance(a)icann.org>; 'Finance Staff' <finance-staff(a)icann.org> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc. So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion. All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures. As I like to say: Facts are our friends. Of course, some issues have to be kept confidential. Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World]. I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'. Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard. Will help us all. M Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc(a)vlaw-dc.com; kstubbs(a)afilias.info; paul.rosenzweig(a)redbranchconsulting.com; marilynscade(a)hotmail.com; brett.schaefer(a)heritage.org; xavier.calvez(a)icann.org CC: cwg-stewardship(a)icann.org; accountability-cross-community(a)icann.org; icann-board(a)icann.org; executive-team(a)icann.org; commsteam(a)icann.org; community-finance(a)icann.org; finance-staff(a)icann.org From: sam(a)lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400 As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do. Sam Lanfranco, NPOC/CSIH On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it? Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship(a)icann.org; 'CCWG-Accountability'; icann-board(a)icann.org; 'Executive Team'; 'COMMS Team'; community-finance(a)icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: accountability-cross-community-bounces(a)icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade(a)hotmail.com>; 'Phil Corwin' <psc(a)vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer(a)heritage.org>; 'Xavier J. Calvez' <xavier.calvez(a)icann.org> Cc: cwg-stewardship(a)icann.org; 'CCWG-Accountability' <accountability-cross-community(a)icann.org>; icann-board(a)icann.org; 'Executive Team' <executive-team(a)icann.org>; 'COMMS Team' <commsteam(a)icann.org>; community-finance(a)icann.org; 'Finance Staff' <finance-staff(a)icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier – can you tell us what the rationale is? I may be missing something ….. Thanks Paul Paul Rosenzweig paul.rosenzweig(a)redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ From: accountability-cross-community-bounces(a)icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc(a)vlaw-dc.com>; Schaefer, Brett <brett.schaefer(a)heritage.org>; Xavier J. Calvez <xavier.calvez(a)icann.org> Cc: cwg-stewardship(a)icann.org; CCWG-Accountability <accountability-cross-community(a)icann.org>; icann-board(a)icann.org; Executive Team <executive-team(a)icann.org>; COMMS Team <commsteam(a)icann.org>; community-finance(a)icann.org; Finance Staff <finance-staff(a)icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M From: psc(a)vlaw-dc.com To: Brett.Schaefer(a)heritage.org; xavier.calvez(a)icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship(a)icann.org; accountability-cross-community(a)icann.org; icann-board(a)icann.org; executive-team(a)icann.org; commsteam(a)icann.org; community-finance(a)icann.org; finance-staff(a)icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: accountability-cross-community-bounces(a)icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship(a)icann.org; CCWG-Accountability; icann-board(a)icann.org; Executive Team; COMMS Team; community-finance(a)icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance(a)icann.org; cwg-stewardship(a)icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board(a)icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez(a)icann.org> Cc: "community-finance(a)icann.org" <community-finance(a)icann.org>, "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>, CCWG-Accountability <accountability-cross-community(a)icann.org>, Executive Team <executive-team(a)icann.org>, COMMS Team <commsteam(a)icann.org>, "icann-board(a)icann.org" <icann-board(a)icann.org>, Finance Staff <finance-staff(a)icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez(a)icann.org> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe… If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Xavier Calvez <xavier.calvez(a)icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org>, "community-finance(a)icann.org" <community-finance(a)icann.org>, "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>, CCWG-Accountability <accountability-cross-community(a)icann.org> Cc: Executive Team <executive-team(a)icann.org>, COMMS Team <commsteam(a)icann.org>, "icann-board(a)icann.org" <icann-board(a)icann.org>, Finance Staff <finance-staff(a)icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez(a)icann.org>, "community-finance(a)icann.org" <community-finance(a)icann.org>, "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>, CCWG-Accountability <accountability-cross-community(a)icann.org> Cc: Executive Team <executive-team(a)icann.org>, COMMS Team <commsteam(a)icann.org>, "icann-board(a)icann.org" <icann-board(a)icann.org>, Finance Staff <finance-staff(a)icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance(a)icann.org; cwg-stewardship(a)icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board(a)icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance(a)icann.org; cwg-stewardship(a)icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board(a)icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal… Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: Xavier Calvez <xavier.calvez(a)icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org>, "community-finance(a)icann.org" <community-finance(a)icann.org>, "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>, CCWG-Accountability <accountability-cross-community(a)icann.org> Cc: Executive Team <executive-team(a)icann.org>, COMMS Team <commsteam(a)icann.org>, "icann-board(a)icann.org" <icann-board(a)icann.org>, Finance Staff <finance-staff(a)icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal…) You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-20…. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez(a)icann.org>, "community-finance(a)icann.org" <community-finance(a)icann.org>, "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org>, CCWG-Accountability <accountability-cross-community(a)icann.org> Cc: Executive Team <executive-team(a)icann.org>, COMMS Team <commsteam(a)icann.org>, "icann-board(a)icann.org" <icann-board(a)icann.org>, Finance Staff <finance-staff(a)icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe…) I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: accountability-cross-community-bounces(a)icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance(a)icann.org; cwg-stewardship(a)icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board(a)icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. https://www.icann.org/resources/pages/iana-stewardship-project-costs Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ community-finance mailing list community-finance(a)icann.org https://mm.icann.org/mailman/listinfo/community-finance _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community -- ------------------------------------------------ "It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也 ------------------------------------------------ Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran(a)Yorku.ca Skype: slanfranco blog: http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852 _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

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CWG IANA Meeting 04 August 16 - Agenda
by Nathalie Vergnolle Aug. 3, 2016

Aug. 3, 2016

Dear all, Please find below our agenda for the CWG IANA meeting on Thursday 04 August at 20:00 UTC. 1. Status Update (Chairs) 2. Implementation Update * Staff update * DT-A/ Names SLEs update (Paul Kane) * DT-O update on PTI budget (Chuck Gomes) 3. Key Issues (with Sidley) * PTI Articles of Incorporation * PTI Governance Documents - Conflict of Interest Policy - Board Code of Conduct - Expected Standard of Behavior * Naming Functions Agreement (including Annex C?) * PTI Bylaws * Services Agreement (headers now available) * IANA IPR 4. Client Committee 5. AOB Thanks, Nathalie. Direct line: +1-310-578-8957 Mobile: +1-310-938-1037 Skype: nathalie.vergnolle.icann Jabber: nathalie.vergnolle(a)jabber.icann.org

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Re: [CWG-Stewardship] [client com] IANA IPR Community Agreement and License Agreement drafts
by Christopher Wilkinson Aug. 2, 2016

Aug. 2, 2016

Good evening Reference: Proposed ICANN/PTI-IETF Trust License Agreement (several drafts) I have a few comments regarding these texts. Since none of them are conclusive I reserve my definitive comments to the necessary public consultation on the proposed final agreement, particularly as I am not party to the on-going negotiations. Indeed it is absolutely essential that this License Agreement goes out for public comment to - at least - the full CWG List. The license agreement will regulate several critical parameters regarding notably the terms and conditions of the reassignment of IANA IPR to eventual successor entity to ICANN/PTI and the registration of non-IETF protocols. 1. In general I find that the draft agreement is not balanced. The PTI party benefits from extensive privileges, particularly insofar as matters are to be determined at the parties' own expense. In that context may I recall that the IETF Trust has an annual budget of about $50k, of which $25k is for legal expenses. Whereas PTI - as we have seen recently - can spend millions of dollars on legal fees. Specifically, whenever it is said that each party may be represented by counsel, one must assume that PTI will be represented, as we have recently seen, whatever the cost, and the IETF Trust will be represented at best by itself, without the financial support of ICANN which would have been available in the past to defend the interests of IANA. In general, this license agreement should say nothing about succession, separability or separation of the IANA functions. All that, should the need ever arise is matter for the ICANN Empowered Community as a whole and should not be preempted by a technical license agreement between ICANN/PTI and the IETF Trust, the former having no standing to regulate its own future and the latter - as such - having very little standing in the ICANN community, except through the participation of its members in their respective capacities. My comments below, follow the order of the document and not necessarily the relative importance of the issues. 2. Article 1.1: The exclusive reference to the American Arbitration Association (AAA) is not appropriate in this context. The scope of the agreement is potentially 'global' and 'worldwide'. (a) there are several other arbitration fora which have a broader global reach and (b) at the very least, ICANN/PTI and IETF Trust should conduct an open call for proposals to fulfil this function. 3. Article 1.2: The reference that "the Internet Society … is not an Affiliate of the Licensor." is perplexing to say the least: (a) I recall that IETF and ISOC created the Trust; (b) several of its recent Trustees are present or past ISOC Board members, (c ) the IETF Trust certainly makes an annual report to the ISOC Board: http://www.internetsociety.org/search/gss/ietf%20trust I suggest that it would be more transparent to state what IS the relationship between ISOC and the Trust, rather than to state what it is NOT. 4. Articles 2.1 and 3.1: For reasons that I have set out on several previous occasions, I do not accept the language that "… three independent and separately terminable licenses are granted thereunder with respect to the three categories of IANA services …". Indeed, eventual separation of the IANA functions would give rise to unmanageable oversight requirements on the part of the rest of the Internet community, including the GAC. 5. Article 4.1: Goodwill: The goodwill that accrues to IANA relates to its past and present operators - in some cases at a personal level. The idea that such goodwill can be assigned to the IETF Trust by a simple legal act appears to be rather fanciful. Indeed I rather doubt that the IETF Trust would be volunteering for that role! 6. Article 4.3: Policing and enforcement: So, the right of enforcement, including employment of counsel, devolves to the IETF Trust, with a legal budget of $25k! Colourful, if not absurd. Insofar as such enforcement has been required in the recent past, the costs would have devolved to ICANN. 7. Article 6.1: Term: the proposed amendment reinforces the supposition that the authors envisage separation of the IANA functions. No appropriate in this context. 8. Article 6.6 c: I do not agree to the amendment "… or to its successor licensee(s) for the terminated services…" This amendment could (a) by-pass or short-cut the established procedures within the Empowered Community, and (b) presupposes that there would be plural successor licensees. Not appropriate in this context. 9. Exhibit A: IANA Protocol Parameter Service: I do not agree to the proposed amendment "(ii) registering protocol parameters of interest to the Internet community, upon agreement with other parties, provided such protocol parameters do to conflict with clauses (i) and (iii)". (i.e. specified in RFCs and/or made available to the public - but not necessarily free for use.) This amendment would open the door to the registration of proprietary protocol parameters which would cumulatively, over time, prejudice the Open Internet, increase costs to the final users and undermine the conditions of fair competition among Internet based services. * * * I trust that these comments shall reach the negotiators concerned. May I re-iterate, that the final proposal must be subject to open public consolation of all interested parties. Regards Christopher Wilkinson On 30 Jul 2016, at 22:43, "Hofheimer, Joshua T." <jhofheimer(a)sidley.com> wrote: > > Jonathan, Lise and the Client Committee, > > See attached. Sidley will prepare a table for your review that highlights the key departures from our proposed drafts. > > Best regards, > 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: iana-ipr-bounces(a)nro.net [mailto:iana-ipr-bounces@nro.net] On Behalf Of Jorge Contreras > Sent: Saturday, July 30, 2016 10:03 AM > To: iana-ipr(a)nro.net > Subject: [Iana-ipr] IANA IPR Community Agreement and License Agreement drafts > > Dear colleagues, > > We have attached for your review clean and redlined versions of the Community Agreement and License Agreement, which have been marked against the versions distributed on July 5. We have inserted numerous > comments in the marked version using the MS Word comment feature. These comments are intended to address specific text or suggestions made by CWG, RIR or IETF during the last round. > > In these candidate agreements, we have accepted a number of suggestions both the operational communities. We know that everyone is anxious to get these done, and many of the changes seem to us to be reasonable and in keeping with the Trust’s responsibilities. > > What we have not accepted, and what we do not believe we can accept, is any arrangement in which the Trust is subject to "approvals" by the CCG. We remain convinced that such acceptance would be contrary to > the Trust's anticipated fiduciary responsibility as the holder of the Marks, and the Trustees cannot responsibly expose the Trust to such a threat. We believe that any independent trust would face this problem. > > In addition, we do not think that, given the terms of our Trust Agreement, the Trust is capable of acting as a "steward" for other operational communities. The existing Trust Agreement also does not permit the Trust to transfer away any asset once it is owned by the Trust, so we cannot accept any term that anticipates such a transfer. > > We realize that some people would prefer to amend some terms of the IETF Trust Agreement. That may be possible in the future in order to accommodate some of the above worries. But all changes have to go through the IETF consensus process, and there simply isn't time to do that this year. Hence our agreement must work with the Trust as it currently exists. > > We hope that you will agree that we are making substantive and collegial process here, and we hope you understand that the existing terms of the Trust Agreement are a hard limit on what we may possibly > do. We look forward to additional comments and to a fruitful discussion on our next call. > > > Jorge L. Contreras > Contreras Legal Strategy LLC > 1711 Massachusetts Ave. NW, No. 710 > Washington, DC 20036 > contreraslegal(a)att.net > > The contents of this message may be attorney-client privileged and confidential. If you are not the intended recipient, please delete this message immediately. > > > > **************************************************************************************************** > 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. > > **************************************************************************************************** > > <License-Agreement IANA IPR 2016-07-30 clean.doc><License-Agreement IANA IPR 2016-07-30 marked vs 07-05.pdf><Community-Agreement-2016-07-30 clean.doc><Community-Agreement-2016-07-30 marked vs 07-05.pdf>_______________________________________________ > Iana-ipr mailing list > Iana-ipr(a)nro.net > https://www.nro.net/mailman/listinfo/iana-ipr > _______________________________________________ > Cwg-client mailing list > Cwg-client(a)icann.org > https://mm.icann.org/mailman/listinfo/cwg-client

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Canceled: Names SLEs follow-up call 2 (DT-A only)
by Nathalie Vergnolle Aug. 2, 2016

Aug. 2, 2016

Keeping this time as a placeholder for follow-up discussions within the Names SLEs work group (DT-A only) as necessary (to be confirmed). A meeting with the full CWG will be scheduled at a later time. =========================================================== 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 Bulgaria, Sofia +359 (0) 2 491 6054 Canada (toll free) 1 855 950 3725 Chile (toll free) 171 800 835 945 Chile, Santiago +56 (0) 2 2666 0712 China (national) +400 613 8105 China, Beijing +86 10 5667 0006 China, Shanghai +86 21 2039 7083 Colombia (toll free) 01 800 755 0054 Colombia, Bogota +57 1 508 8125 Croatia (toll free) 0800 222 836 Cyprus (toll free) 800 97429 Czech Republic (toll free) 800 701 533 Czech Republic, Prague +420 225 986 566 Denmark (toll free) 80 70 35 87 Denmark, Copenhagen +45 32 72 78 11 Egypt (toll free) 0800 000 0541 Estonia (toll free) 800 011 1577 Estonia, Tallinn +372 622 6569 Fiji (toll free) 00800 3329 Finland (toll free) 0800 772 237 Finland, Helsinki +358 (0) 9 2310 1676 France (national) 0811 655 102 France (toll free) 0800 946 532 France, Paris +33 (0) 1 70 37 16 57 Germany (national) 01801 000 891 Germany (toll free) 0800 588 9171 Germany, Frankfurt +49 (0) 69 2222 10613 Germany, Munich +49 (0) 89 2030 31208 Greece (toll free) 00800 128 906 Greece, 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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CWG input on PTI Articles via ICANN Public Comment period
by Jonathan Robinson Aug. 1, 2016

Aug. 1, 2016

All, Please note that the attached documents were duly submitted by Lise & myself in advance of the closing deadline for public comments on the PTI Articels of Ascociation. Thank-you, Jonathan From: Greeley, Amy E. [mailto:AGreeley@Sidley.com] Sent: 29 July 2016 16:31 To: jrobinson(a)afilias.info Cc: 'Client Committee' <cwg-client(a)icann.org>; Flanagan, Sharon <sflanagan(a)sidley.com>; Hofheimer, Joshua T. <jhofheimer(a)sidley.com>; Grapsas, Rebecca <rebecca.grapsas(a)sidley.com> Subject: RE: [client com] PTI Articles, Bylaws and Other Governance Documents Jonathan, Attached please find the following documents: * CWG comment letter on the PTI articles (in .doc and .pdf formats) * Exhibit A to the comment letter on the PTI articles (in .doc and .pdf formats) Please let us know if you need anything further. Thanks, Amy AMY GREELEY Associate SIDLEY AUSTIN LLP +1 415 772 1216 AGreeley(a)Sidley.com <mailto:AGreeley@Sidley.com>

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Notes, Recordings, Transcript CWG IANA Meeting #85 - 28 July 2016
by Brenda Brewer Aug. 1, 2016

Aug. 1, 2016

Dear all, The notes, recordings and transcripts for the CWG IANA Meeting #85 on 28 July 2016 will be available here: https://community.icann.org/x/fwObAw A copy of the notes and action items may be found below. Kind regards, Brenda Action Items * ACTION (ICANN): Set up the Doodle Poll and schedule a DT-A call * ACTION (ICANN): Set up the wider group call to discuss Names SLE (This call to happen after the DT-A call * ACTION (ICANN): Circulate the latest RZERC Charter draft to CWG list * ACTION (Chairs): Submit the comment letter to Public Comment forum for the PTI Articles of Incorporation within 24 hours * ACTION (Sidley): Work directly with ICANN legal to further develop the Naming Function Agreement * ACTION (Paul Kane): Highlight the 2005 GAC Principle and Guidelines and framework of interpretation in the CWG mail list Notes 1. Status Update (Chairs) Action Items from last call (#84) * ACTION (ICANN): Circulate the RZERC qualification to CWG mail list - DONE * ACTION (ICANN Legal): Review Sidley's comments on 3 governance documents and bring version 2 documents to CWG for review - SIDLEY REVIEWING ICANN'S 2ND DRAFT * ACTION (CWG): Review the recirculated Annex C table before the next CWG meeting/s * ACTION (Chairs): Confirm next meeting/s date and time - DONE 2. Implementation Update (Staff) ACTION (ICANN): Set up the Doodle Poll and schedule a DT-A call ACTION (ICANN): Set up the wider group call to discuss Names SLE (This call to happen after the DT-A call ACTION (ICANN): Circulate the latest RZERC Charter draft to CWG list 3. Key Issues (with Sidley) * PTI Articles - CWG's comment letter finalized for the Public Comment ACTION (Chairs): Submit the comment letter to Public Comment forum for the PTI Articles of Incorporation within 24 hours * Version 2 of the PTI Governance Documents are under Sidley's review but there should not be any controvertial issues * Draft CWG comment letter for PTI Bylaws is circulated to CWG mail list for review * The proposed PTI budgeting process will be reviewed by ICANN BFC ACTION (Sidley): Work directly with ICANN legal to further develop the Naming Function Agreement * Services Agreement will be reviewed in detail when the first draft is made available ACTION (Paul Kane): Highlight the 2005 GAC Principle and Guidelines and framework of interpretation in the CWG mail list * First drafts of IANA IPR License Agreement and Community Agreement have been circulated by IETF and the Sidley's redlines have been sent back to IANA IPR mail list * Continue developing the IANA IPR agreements within the smaller group before bringing it back to CWG for discussion 5. AOB * CWG meeting every Thursday and new invitations to be sent

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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 Bulgaria, Sofia +359 (0) 2 491 6054 Canada (toll free) 1 855 950 3725 Chile (toll free) 171 800 835 945 Chile, Santiago +56 (0) 2 2666 0712 China (national) +400 613 8105 China, Beijing +86 10 5667 0006 China, Shanghai +86 21 2039 7083 Colombia (toll free) 01 800 755 0054 Colombia, Bogota +57 1 508 8125 Croatia (toll free) 0800 222 836 Cyprus (toll free) 800 97429 Czech Republic (toll free) 800 701 533 Czech Republic, Prague +420 225 986 566 Denmark (toll free) 80 70 35 87 Denmark, Copenhagen +45 32 72 78 11 Egypt (toll free) 0800 000 0541 Estonia (toll free) 800 011 1577 Estonia, Tallinn +372 622 6569 Fiji (toll free) 00800 3329 Finland (toll free) 0800 772 237 Finland, Helsinki +358 (0) 9 2310 1676 France (national) 0811 655 102 France (toll free) 0800 946 532 France, Paris +33 (0) 1 70 37 16 57 Germany (national) 01801 000 891 Germany (toll free) 0800 588 9171 Germany, Frankfurt +49 (0) 69 2222 10613 Germany, Munich +49 (0) 89 2030 31208 Greece (toll free) 00800 128 906 Greece, 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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