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2. Alternative "external Trust" Model
Text:
"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. NTIA question, come up with 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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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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