Olivier,

It is certainly my recollection that there were some discussions that involved alternatives to creating a corporation (whether another type of legal entity, such as a trust, or a group that had no legal status, such as a committee).  It was even suggested that an existing organization, such as the IETF (not a legal entity, actually) or ISOC or the IETF Trust (which exists to hold and license IPR), could be used to contract with the IANA Functions Provider.  I think these tended to fall away and did not find traction as we moved along, especially as the use of a contract came to the fore, which required an entity capable of contracting.

Also, I think that Guru's summary in this thread of how the process went along is pretty much on target, at least as far as the big picture goes, and I applaud him for following (and participating in) this process with such diligence and perceptiveness.

Greg

P.S.  I was once told, when I had trouble making up mind about something, that I should not want my epitaph to be "He Kept His Options Open."  I think that applies here as well.

On Fri, Nov 28, 2014 at 8:16 PM, Olivier MJ Crepin-Leblond <ocl@gih.com> wrote:
Greg,

again, did we ever consider an alternative to creating a corporation?
Kind regards,

Olivier


On 29/11/2014 00:32, Greg Shatan wrote:
Olivier,

I'm not sure exactly what you mean by the "configuration" of Contract Co.  We certainly have discussed the "form" the entity would take, i.e., a nonprofit corporation.  Place of incorporation has not been significantly discussed in recent days, though we had a number of email exchanges and some discussion of jurisdiction earlier in a variety of contexts.

Greg

On Fri, Nov 28, 2014 at 6:19 PM, Olivier MJ Crepin-Leblond <ocl@gih.com> wrote:

On 28/11/2014 16:36, Milton L Mueller wrote:

 

 

From: cwg-stewardship-bounces@icann.org [mailto:cwg-stewardship-bounces@icann.org] On Behalf Of Bertrand de La Chapelle

Is the idea of a contract Co. a done deal? Establishing any organization with whatever limited staff is usually a recipe for its growth in time. 

 

MM: The idea that there should be a contracting entity separate from ICANN is, I believe, a done deal. It reflects some of the principles we agreed on (such as separability) and the general agreement that, as the draft proposal says,

“The current arrangements provided by the NTIA for the oversight and accountability of the IANA Functions are generally satisfactory and the objective of the CWG is to replicate these as faithfully as possible”


This is not at all how I understood it. The discussion on whether the "contracting entity" should be a contract co. or something else has never been touched - certainly no alternatives have been seriously considered.

 

MM: On the other hand, whether the specific configuration of the Contract Co. is optimal for achieving those purposes could still be open. I would say is still open to _modification_; any modification that accomplishes the agreed objectives but avoids any problems that might arise would be welcomed by the CWG I imagine.


The configuration of the Contract Co. has not been discussed either. We know what functions should be undertaken and what broad characteristics would be needed. No discussion of jurisdiction nor configuration of the entity has been done except on RFP4 call today where we started to touch on it.

Kind regards,

Olivier

_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship




--

Gregory S. Shatan ï Abelman Frayne & Schwab

666 Third Avenue ï New York, NY 10017-5621

Direct  212-885-9253 Main 212-949-9022

Fax  212-949-9190 | Cell 917-816-6428

gsshatan@lawabel.com

ICANN-related: gregshatanipc@gmail.com 

www.lawabel.com


-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html



--

Gregory S. Shatan ï Abelman Frayne & Schwab

666 Third Avenue ï New York, NY 10017-5621

Direct  212-885-9253 Main 212-949-9022

Fax  212-949-9190 | Cell 917-816-6428

gsshatan@lawabel.com

ICANN-related: gregshatanipc@gmail.com 

www.lawabel.com