[Internal-cg] Contracting

Milton L Mueller mueller at syr.edu
Wed Apr 29 15:41:57 UTC 2015


Good statement. I support it as is. 

> -----Original Message-----
> ICG Statement on Contracts and Other Agreements
> 
> As the development of the proposal for the IANA stewardship
> transition proceeds, operational communities have begun discussions
> with ICANN concerning contracts and other agreements called for in
> their community transition proposals. The ICG expects -- as it has from
> the very beginning of the transition process -- that all interested
> parties, including ICANN staff, express their opinions about the
> transition proposals openly and transparently within the community
> processes. This includes opinions about the provisions, principles, and
> mechanisms associated with contracts or other agreements between
> the communities and the IANA functions operator. Attempts to alter
> or deviate from the community consensus proposals through private
> negotiations undermine the legitimacy of the transition proposal
> development process. At a time when all of the communities are
> focused on accountability, all parties have the same obligation to carry
> out discussions in an open manner within established community
> processes.
> 
> ---
> 
> On Apr 26, 2015, at 1:33 PM, Alissa Cooper <alissa at cooperw.in> wrote:
> 
> > The thread below as well as the following paragraph in Milton’s
> memo raised a question for me:
> >
> > “... negotiations between CRISP and ICANN legal raise a very
> important process issue. As ICG we have viewed ourselves as an entity
> that receives consensus proposals from the operational communities
> and does not try to alter them. Shouldn’t we expect the same from
> ICANN? If ICANN legal is attempting to make major alterations in the
> terms of the contractual rights exercised by an operational community
> as part of the transition, isn’t it interfering with the consensus proposal
> of the affected operational community? There is also the fact that
> these negotiations are going on behind the scenes and are not
> transparent to the whole involved community.”
> >
> > My understanding is that the IETF folks are encountering some of the
> same things as CRISP. Do we think it would help if the ICG put out a
> statement of some sort indicating that we continue to expect all
> interested parties, including ICANN staff, to express their opinions
> about the transition proposals openly and transparently within the
> community processes? And that includes opinions about the
> acceptability of principles and mechanisms associated with contractual
> arrangements between the communities and the IANA functions
> operator?
> >
> > Alissa
> >
> > On Apr 24, 2015, at 5:34 AM, Lynn St.Amour <Lynn at LStAmour.org>
> wrote:
> >
> >> Milton,
> >>
> >> A big +1 to "Let me also remind us that this is a bottom up process
> and ICG has no business modifying or rejecting proposals based on
> what it thinks NTIA wants.  NTIA’s criteria are public us and they do
> _not_ include any thing about splitting the IANA functions."
> >>
> >> Lynn
> >>
> >> On Apr 23, 2015, at 10:15 AM, Milton L Mueller <mueller at syr.edu>
> wrote:
> >>
> >>> Hi, reading these notes, I see this from Keith:
> >>>
> >>> “NTIA suggests that anything which threatens to split the IANA
> functions would be difficult for them to accept ‐ so the idea that
> Protocols, Numbers or Names would have independent right of
> contract termination maybe troublesome to NTIA ?”
> >>>
> >>> I was not there for the full context, of course, so I may be
> misinterpreting, but on its face this is incorrect, in my opinion. I would
> like to know from Keith when and where NTIA suggested this.
> >>>
> >>> Let’s keep in mind that IETF already has the right to “split” or
> terminate its MoU with ICANN and has had that right for 15 years
> through various iterations of the IANA contract. CRISP has proposed
> something similar.
> >>>
> >>> Let me also remind us that this is a bottom up process and ICG has
> no business modifying or rejecting proposals based on what it thinks
> NTIA wants. NTIA’s criteria are public us and they do _not_ include any
> thing about splitting the IANA functions.
> >>>
> >>> --MM
> >>>
> >>> From: Internal-cg [mailto:internal-cg-bounces at ianacg.org] On
> Behalf Of Jennifer Chung
> >>> Sent: Wednesday, April 22, 2015 12:10 PM
> >>> To: internal-cg at ianacg.org
> >>> Subject: Re: [Internal-cg] ICG Call #15: Attendance list and Chat
> Transcript
> >>>
> >>> Apologies, the attachment was missing to the last email.  Attached
> please find the chat transcript for ICG Call 15.
> >>>
> >>> Best,
> >>>
> >>> Jennifer
> >>>
> >>> From: Jennifer Chung [mailto:jen at icgsec.asia]
> >>> Sent: Wednesday, April 22, 2015 12:09 PM
> >>> To: 'internal-cg at ianacg.org'
> >>> Subject: ICG Call #15: Attendance list and Chat Transcript
> >>>
> >>> Dear All,
> >>>
> >>> Please find the chat transcript (attached) and the attendance roll
> call (below) for Call 15.  Please let me know if you note any
> discrepancies:
> >>>
> >>> ICG Members
> >>> Kavouss Arasteh (GAC)
> >>> Paul Wilson (NRO)
> >>> Daniel Karrenberg (RSSAC)
> >>> Keith Davidson (ccNSO)
> >>> Alissa Cooper (IETF)
> >>> Jean-Jacques Subrenat (ALAC)
> >>> Jari Arkko (IETF)
> >>> Martin Boyle (ccNSO)
> >>> Demi Getschko (ISOC)
> >>> Jandyr Ferreira dos Santos (GAC)
> >>> Keith Drazek (gTLD Registries)
> >>> Jon Nevett (gTLD Registries)
> >>> Lynn St. Amour (IAB)
> >>> Michael Niebel (GAC)
> >>> Narelle Clark (ISOC)
> >>> Russ Housley (IAB)
> >>> Russ Mundy (SSAC)
> >>> Wolf-Ulrich Knoben (GNSO)
> >>> Xiaodong Lee (ccNSO)
> >>> Alan Barrett (NRO)
> >>> Lars-Johan Liman (RSSAC)
> >>> Joseph Alhadeff (ICC/BASIS)
> >>> Mary Uduma (ccNSO)
> >>>
> >>> Liaisons
> >>> Elise Gerich (IANA Staff Liaison)
> >>>
> >>> Apologies
> >>> Kuo Wei Wu (ICANN Board Liaison)
> >>> James Bladel (GNSO)
> >>> Milton Mueller (GNSO)
> >>> Hartmut Glaser (ASO)
> >>> Manal Ismail (GAC)
> >>> Mohamed El Bashir (ALAC)
> >>> Patrik Fältström (SSAC)
> >>> Thomas Schneider (GAC)
> >>>
> >>> Best Regards,
> >>>
> >>> Jennifer
> >>> _______________________________________________
> >>> Internal-cg mailing list
> >>> Internal-cg at mm.ianacg.org
> >>> http://mm.ianacg.org/mailman/listinfo/internal-cg_ianacg.org
> >>
> >>
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> >
> >
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> 
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