FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure
Dear all, To help inform the public comment proceeding, we have put together a FAQ based on Sidley's memorandum from 3 May. This FAQ will be posted on the Public Comment page within the hour and included in the reference documents related to the proposal: https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04... We are working on a more extensive FAQ based on the questions received during the webinars. Have a good weekend, Grace
The FAQ is very good and very helpful but I suggest that the three bullets under the strengths for Question 1 be reordered as follows: * The proposed structure allows for a formal contract between ICANN and the IANA functions operator, which further evidences and supports functional separation. * Without a contract, other means of establishing expectations regarding performance levels and related terms would need to be identified, which would likely be less formal and less enforceable than through a contractual relationship. Recourse for a "breach" of those terms and conditions would be limited to internal redress mechanisms such as through the IFR team and the CSC. * If there is a future need to separate or divest ICANN of the IANA functions, the work of identifying and segregating assets will have already been done. This should enhance the separability of the IANA functions. All I did is move what was the first bullet to the last bullet. Because separation is perceived as a last resort and unlikely option, it doesn't seem to me that we should lead with that advantage. Chuck From: cwg-stewardship-bounces@icann.org [mailto:cwg-stewardship-bounces@icann.org] On Behalf Of Grace Abuhamad Sent: Friday, May 08, 2015 4:12 PM To: cwg-stewardship@icann.org Subject: [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure Dear all, To help inform the public comment proceeding, we have put together a FAQ based on Sidley's memorandum from 3 May. This FAQ will be posted on the Public Comment page within the hour and included in the reference documents related to the proposal: https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04... We are working on a more extensive FAQ based on the questions received during the webinars. Have a good weekend, Grace
Well done Chuck I support those edits On 09/05/2015 9:24 am, "Gomes, Chuck" <cgomes@verisign.com> wrote:
The FAQ is very good and very helpful but I suggest that the three bullets under the strengths for Question 1 be reordered as follows:
· The proposed structure allows for a formal contract between ICANN and the
IANA functions operator, which further evidences and supports functional
separation.
· Without a contract, other means of establishing expectations regarding
performance levels and related terms would need to be identified, which would
likely be less formal and less enforceable than through a contractual relationship.
Recourse for a “breach” of those terms and conditions would be limited to
internal redress mechanisms such as through the IFR team and the CSC.
· If there is a future need to separate or divest ICANN of the IANA functions, the
work of identifying and segregating assets will have already been done. This
should enhance the separability of the IANA functions.
All I did is move what was the first bullet to the last bullet. Because separation is perceived as a last resort and unlikely option, it doesn’t seem to me that we should lead with that advantage.
Chuck
*From:* cwg-stewardship-bounces@icann.org [mailto: cwg-stewardship-bounces@icann.org] *On Behalf Of *Grace Abuhamad *Sent:* Friday, May 08, 2015 4:12 PM *To:* cwg-stewardship@icann.org *Subject:* [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure
Dear all,
To help inform the public comment proceeding, we have put together a FAQ based on Sidley's memorandum from 3 May. This FAQ will be posted on the Public Comment page within the hour and included in the reference documents related to the proposal: https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04...
We are working on a more extensive FAQ based on the questions received during the webinars.
Have a good weekend,
Grace
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
The document has been updated to reflect Chuck¹s edits below and will be posted shortly to the Public Comment page. As I mentioned on Friday, we are working on a more comprehensive FAQ that will cover more than the legal counsel-related questions. You¹ll see there is an item (2.b.) on the agenda for tomorrow¹s call about the FAQ. Best, Grace From: <Gomes>, Chuck <cgomes@verisign.com> Date: Friday, May 8, 2015 at 7:23 PM To: Grace Abuhamad <grace.abuhamad@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org> Subject: RE: [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure The FAQ is very good and very helpful but I suggest that the three bullets under the strengths for Question 1 be reordered as follows: · The proposed structure allows for a formal contract between ICANN and the IANA functions operator, which further evidences and supports functional separation. · Without a contract, other means of establishing expectations regarding performance levels and related terms would need to be identified, which would likely be less formal and less enforceable than through a contractual relationship. Recourse for a ³breach² of those terms and conditions would be limited to internal redress mechanisms such as through the IFR team and the CSC. · If there is a future need to separate or divest ICANN of the IANA functions, the work of identifying and segregating assets will have already been done. This should enhance the separability of the IANA functions. All I did is move what was the first bullet to the last bullet. Because separation is perceived as a last resort and unlikely option, it doesn¹t seem to me that we should lead with that advantage. Chuck From: cwg-stewardship-bounces@icann.org [mailto:cwg-stewardship-bounces@icann.org] On Behalf Of Grace Abuhamad Sent: Friday, May 08, 2015 4:12 PM To: cwg-stewardship@icann.org Subject: [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure Dear all, To help inform the public comment proceeding, we have put together a FAQ based on Sidley's memorandum from 3 May. This FAQ will be posted on the Public Comment page within the hour and included in the reference documents related to the proposal: https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04 -22-en We are working on a more extensive FAQ based on the questions received during the webinars. Have a good weekend, Grace
Great! This will be particularly helpful Cheers! sent from Google nexus 4 kindly excuse brevity and typos. On 8 May 2015 21:13, "Grace Abuhamad" <grace.abuhamad@icann.org> wrote:
Dear all,
To help inform the public comment proceeding, we have put together a FAQ based on Sidley's memorandum from 3 May. This FAQ will be posted on the Public Comment page within the hour and included in the reference documents related to the proposal: https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04...
We are working on a more extensive FAQ based on the questions received during the webinars.
Have a good weekend, Grace
_______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
Agreed Chuck. This is a good change and Lise & I support. Jonathan From: Seun Ojedeji [mailto:seun.ojedeji@gmail.com] Sent: 09 May 2015 07:24 To: Grace Abuhamad Cc: cwg-stewardship@icann.org Subject: Re: [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure Great! This will be particularly helpful Cheers! sent from Google nexus 4 kindly excuse brevity and typos. On 8 May 2015 21:13, "Grace Abuhamad" <grace.abuhamad@icann.org> wrote: Dear all, To help inform the public comment proceeding, we have put together a FAQ based on Sidley's memorandum from 3 May. This FAQ will be posted on the Public Comment page within the hour and included in the reference documents related to the proposal: https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04... We are working on a more extensive FAQ based on the questions received during the webinars. Have a good weekend, Grace _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
participants (5)
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Cheryl Langdon-Orr -
Gomes, Chuck -
Grace Abuhamad -
Jonathan Robinson -
Seun Ojedeji