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- Basic agreements section: First section document as presented
- Note: delegation - re-delegation ccTLD sensitive area. Specifics are outside scope of this WG. Agreed by ccTLD members and participants on the CWG Agreed by ccTLD members and participants
on the CWG - Martin Boyle (MB): How could an IAP without proper understanding of national situation, could make a sound decision. Brings in third party. Important part is bringing people together, to support
the final outcome of the process
Important part is bringing people together, to support the final outcome of the process. - If no substantial support for steps in the process, could be
-> IAP role: was process followed and was documentation available
- Paul Kane: a gTLD has a contract, appeal process may be needed, to check whether contract has been applied properly.
- For ccTLD this is different: diverse of community, no relation with ICANN.
- GS, Appealing decision of court in a jurisdictions is out of scope of IAP.
- PK: Appeal process may make process complicated
- Alan Greenberg: ccTLDs present at the meeting suggested IAP. Topic IAP in delegation and re-delegation of ccTLD matters, not to be discussed in this group not to be
discussed in this group. - Staffan Jonson: Diversity of ccTLDs , brings complexity. IANA Function operator should not get involved in national disputes
- MB: Could see a role for IAP, but not as evolved in the discussion. This role to be limited to process issues
- Other case where Registry makes a mistake, is potentially re-delegated may want to appeal
- Jonathan Robinson: Keep trail simple an delimited to IANA Function, where after the CCWG may step in.
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AG: Remit of CWG should point to applicable approved policies. Re-delegation done under contract. Contracts include an arbitration clause. More
More important to focus on first point
AG: Review process of process is around Board decisions. Re-delegation gTLD ruled by contract. Main point: If IAP was introduced mistakenly, allow it to be withdrawn
allow it to be withdrawn.
Suggestion GS: further need, scope of IAP among gTLD related part of CWG, in particular Grounds for appeal
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2. Alternative "external Trust" Model
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Text:
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"Could, or should, Contract Co. take the form of a Trust established under American law, registered with a state court (e.g., California or New York) [which ensures that the terms of the Trust will at all times in the future be met, see:http://caselaw.findlaw.com/ny-court-of-appeals/1418851.html ], the Trust to have a Board of Trustees (incorporated in the same state the Trust is registered), selected from, and representing, the global multistakeholder community, and the Trust receiving an assignment and/or conveyance from the US government, Department of Commerce (NTIA), of all the US government's rights and duties included within its Stewardship role over the Internet and DNS, under existing contracts with ICANN, and Versign, or otherwise. Further, that the Trust have as its primary purpose and duty, to ensure the continuous operation of a free, open, secure, and stable global internet DNS, including the Internet Root Zone, by the selection of an IANA functions operator (presently ICANN), and Internet Root Zone maintainer (presently Verisign), each for a term of years (subject to termination for cause), and such other terms, conditions, and covenants necessary or convenient (such as limitation of registration/renewal fees charged by a market-dominant gTLD registry operator), in order to carry out the purpose of the Trust and the duty of the Trustees thereof to act at all times in the wider public interest of the global multistakeholder community."
- GS: Presentation Alternative John Poole document
- GS Summary: replacement of Contract Co by 'Trust". Board of Trustee <- MRT
- AG: Do not understand concept of incorporating Board of Trustees.
- John Poole: no need to be incorporated, but may want to in order to avoid personal liabilities of Board of Trustee members. Reference to court case
- (America's Cup) , illuminating in international context. It is a viable option.
- John Poole , viewpoint registrant: interpretation of NTIA announcement. 1. historic stewards role, external counter part of ICANN, external role RZM, authorization
authorization. NTIA question, come up with come up with proposal to replace NTIA role proposal to replace NTIA role - Internal solution will abolish role of NTIA
- Contract Co. will expand role
- Look at how role of NTIA can be replaced.
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John Poole: CSC, MRT, IAP all could be moved internal, or external What is only replaced is role of NTIA, through external trust. Relationship do not change Relationships
do not change, Terms of Trust rule the board of trustees and relation ruled through the trust, under jurisdiction of state trust is set-up.
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Request/Action: ccTLD members and participants CWG to come up with a consistent position on IAP, re it scope, mandate, Grounds for Appeal
Transcript
Recording
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p7xegeicez5/
The audio recording is available here: http://audio.icann.org/gnso/gnso-rfp3-30jan15-en.mp3
Documents Presented
IAP Structural and Functional Analysis.pdf
Chat Transcript
Brenda Brewer: Good Day and Welcome to the RFP3 call on January 30 at 14:00 UTC.
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Steve Crocker:It's indeed vital there be reliable, trasnparent processes for making the delegation and redelegation decisions, and there needs to a proper
venue for these decisions, but it's fundamental that these are not within the scope of the IANA function. The IANA function is to publish informaton that has been created/decided elsewhere.
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