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/373/1467913 551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
***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 Mobile: +1 310 745 1517 E-mail: <mailto:yuko.green@icann.org> yuko.green@icann.org <http://www.icann.org/> www.icann.org
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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org <mailto:yuko.green@icann.org>
www.icann.org <http://www.icann.org/>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- -------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 771 2472987 --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
Hello, This is a little bit tricky, while PTI is indeed going to be the IANA operator going forward, you all know that the numbers and protocol parameters sees ICANN as their IANA operator (as per their agreement) so it is in that vein that i will say PTI is indeed to carry out the purpose of ICANN. That said, if there is a way to include the fact those functions will be carried out by PTI as per contract without loosing the point about its actual purpose then that would still fine. There is a reason why PTI was a sole member organization and we should not loose focus of that; PTI at no point should not be empowered to serve other purposes other than that which it is contracted/assigned(by the power of membership) to her by ICANN. Regards On Fri, Jul 15, 2016 at 10:27 AM, matthew shears <mshears@cdt.org> wrote:
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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship
--
-------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT)+ 44 771 2472987
------------------------------ [image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- ------------------------------------------------------------------------ *Seun Ojedeji,Federal University Oye-Ekitiweb: http://www.fuoye.edu.ng <http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email: <http://goog_1872880453>seun.ojedeji@fuoye.edu.ng <seun.ojedeji@fuoye.edu.ng>* Bringing another down does not take you up - think about your action!
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." 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@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@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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
***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 Mobile: +1 310 745 1517 E-mail: yuko.green@icann.org<mailto:yuko.green@icann.org> www.icann.org<http://www.icann.org/> _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship -- -------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 771 2472987 ________________________________ [Avast logo]<https://www.avast.com/antivirus> This email has been checked for viruses by Avast antivirus software. www.avast.com<https://www.avast.com/antivirus>
FWIW, this is an acceptable formulation. Thanks for proposed wording Chuck Regards Sent from my LG G4 Kindly excuse brevity and typos On 15 Jul 2016 15:38, "Gomes, Chuck" <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.”
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@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@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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
Dear Chuck, On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <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@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@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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
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@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <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@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@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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
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@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <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@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@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/373/1467913... and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Andrew Sullivan ajs@anvilwalrusden.com
Andrew's suggestion works for me. Chuck -----Original Message----- From: 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@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@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <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@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@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 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Andrew Sullivan ajs@anvilwalrusden.com _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
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@anvilwalrusden.com>; cwg-stewardship@icann.org Subject: Re: [CWG-Stewardship] Purpose of PTI Andrew's suggestion works for me. Chuck -----Original Message----- From: 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@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@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <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@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@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 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Andrew Sullivan ajs@anvilwalrusden.com _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
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@anvilwalrusden.com>; cwg-stewardship@icann.org Subject: Re: [CWG-Stewardship] Purpose of PTI
Andrew's suggestion works for me.
Chuck
-----Original Message----- From: 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@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@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <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@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@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 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org
www.icann.org
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Andrew Sullivan ajs@anvilwalrusden.com _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- -------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 771 2472987
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@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 <cgomes@verisign.com>] Sent: 19 July 2016 14:31 To: 'Andrew Sullivan' <ajs@anvilwalrusden.com> <ajs@anvilwalrusden.com>; cwg-stewardship@icann.org Subject: Re: [CWG-Stewardship] Purpose of PTI
Andrew's suggestion works for me.
Chuck
-----Original Message----- From: cwg-stewardship-bounces@icann.org [mailto:cwg-stewardship-bounces@icann.org <cwg-stewardship-bounces@icann.org>] On Behalf Of Andrew Sullivan Sent: Tuesday, July 19, 2016 9:26 AM To: 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@gmail.com> <isolatedn@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <cgomes@verisign.com> <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@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@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 athttps://www.icann.org/uploads/iana_work_session_asset/attachment/37 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/.
****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
Mobile: +1 310 745 1517
E-mail: yuko.green@icann.org www.icann.org
_______________________________________________
CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT) + 44 771 2472987
------------------------------
[image: Avast logo] <https://www.avast.com/antivirus> <https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software.www.avast.com <https://www.avast.com/antivirus> <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M<https://www.facebook.com/sivasubramanian.muthusamy> <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Andrew Sullivanajs@anvilwalrusden.com _______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing listCWG-Stewardship@icann.orghttps://mm.icann.org/mailman/listinfo/cwg-stewardship
--
-------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT)+ 44 771 2472987
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
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@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@anvilwalrusden.com> <mailto:ajs@anvilwalrusden.com>;cwg-stewardship@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@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@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@gmail.com> <mailto:isolatedn@gmail.com> wrote:
Dear Chuck,
On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck<cgomes@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@icann.org <mailto:cwg-stewardship-bounces@icann.org> [mailto: cwg-stewardship-bounces@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@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 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording athttps://icann.adobeconnect.com/p3qeid579y7/.
****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@icann.org <mailto:yuko.green@icann.org>
www.icann.org <http://www.icann.org>
_______________________________________________
CWG-Stewardship mailing list
CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org>
https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
--------------
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://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software. www.avast.com <http://www.avast.com> <https://www.avast.com/antivirus> <https://www.avast.com/antivirus>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy> <https://www.facebook.com/sivasubramanian.muthusamy>
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- Andrew Sullivan ajs@anvilwalrusden.com <mailto:ajs@anvilwalrusden.com> _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship
--
-------------- 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@icann.org <mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship
-- -------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 771 2472987
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@icann.org; jrobinson@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@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@anvilwalrusden.com><mailto:ajs@anvilwalrusden.com>; cwg-stewardship@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@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@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@gmail.com><mailto:isolatedn@gmail.com> wrote: Dear Chuck, On Fri, Jul 15, 2016 at 8:06 PM, Gomes, Chuck <cgomes@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@icann.org<mailto:cwg-stewardship-bounces@icann.org> [mailto: cwg-stewardship-bounces@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@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 3/1467913551526IOTF_Call__14_transcript_06JUL16.pdf and the AC room recording at https://icann.adobeconnect.com/p3qeid579y7/. ****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@icann.org<mailto:yuko.green@icann.org> www.icann.org<http://www.icann.org> _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship -- -------------- 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://www.avast.com/antivirus> This email has been checked for viruses by Avast antivirus software. www.avast.com<http://www.avast.com> <https://www.avast.com/antivirus><https://www.avast.com/antivirus> _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship -- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy><https://www.facebook.com/sivasubramanian.muthusamy> _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship -- Andrew Sullivan ajs@anvilwalrusden.com<mailto:ajs@anvilwalrusden.com> _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship -- -------------- 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@icann.org<mailto:CWG-Stewardship@icann.org> https://mm.icann.org/mailman/listinfo/cwg-stewardship -- -------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 771 2472987
participants (8)
-
Andrew Sullivan -
Gomes, Chuck -
Greg Shatan -
Jonathan Robinson -
matthew shears -
Seun Ojedeji -
Sivasubramanian M -
Yuko Green