Members: Avri Doria, Cheryl Langdon-Orr, Eduardo Diaz, Elise Lindeberg, Greg Shatan, Jaap Akkerhuis, Jonathan Robinson, Olivier Crepin-Leblond, Paul Kane, Seun Ojedeji, Wanawit Ahkuputra
Participants: Chuck Gomes, Jari Arkko, Jordan Carter, Jorge Cancio, Kavouss Arasteh, Martin Boyle, Mary Uduma, Matthew Shears, Sabine Meyer
Legal Counsel: Josh Hofheimer, Sharon Flanagan, Yael Resnick
Staff: Brenda Brewer, Elise Gerich, Nathalie Vergnolle, Samantha Eisner, Trang Nguyen, Xavier Calvez, Yuko Green
Apologies: Lise Fuhr
**Please let Brenda know if your name has been left off the list (attendees or apologies).**
Agenda
1. Status Update (Chairs)
2. Implementation Update
• Staff update
• NTIA implementation report
3. Key Issues (with Sidley)
• PTI Bylaws
• Naming Functions Agreement
• Services Agreement
• IANA IPR
• IANA Budget process and assessment
4. Client Committee
5. AOB
Notes
1. Introduction/Status Update (by Jonathan Robinson)
2. Implementation update by Trang
Remaining items not yet completed: PTI Bylaws, Naming and Services agreements, IANA IPR, escalation processes updates and IRP updates
NTIA reviewed ICANN's implementation report and answered they would let the contract expire on Sept 30th.
3. Key Issues
3.1 PTI bylaws
Status Update by Sam Eisner
4 comments received
ICANN proposes a change of language regarding the term limit of initial/interim independent directors
3.2 Naming Functions Agreement
Presentation of how Sidley's comments and Paul Kane's comments were incorporated in the agreement (by Trang)
ACTION: Sidley to prepare an outstanding issues' list re: CWG comments on Naming Function agreement
3.3 Services agreement
Issues list produced by Sidley
Sidley asking CWG to review specifically Schedule A of the agreement (list of services provided by ICANN to PTI)
ACTION (staff): Circulate Services agreement to CWG and former IOTF group and request input on Schedule A
3.4 IANA IPR
Presentation of potential signatory (by Sharon)
Proposal to go with ICANN. Practical alternative would be to have an Unincorporated Association of the Naming community, but due to lack of time, ICANN seems to be a more suitable solution.
ACTION: Sidley to provide CWG with list of issues to be dealt with if ICANN is the chosen signatory.
3.5 IANA Budget process and assessment
Presentation of the proposed IANA budget process (by Xavier)
Presentation of assessment of compliance with the proposal (by Chuck)
4. Client committee
No additional issues
5. AOB
No AOB
Action Items
- ACTION: Sidley to prepare an outstanding issues' list re: CWG comments on Naming Function agreement
- ACTION (staff): Circulate Services agreement to CWG and former IOTF group and request input on Schedule A
- ACTION: Sidley to provide CWG with list of issues to be dealt with if ICANN is the chosen signatory.
Transcript
Recordings
- Adobe Connect recording is available here: https://icann.adobeconnect.com/p6fvs9tegl2/
- MP3 recording is available here: http://audio.icann.org/stewardship-transition/cwg-iana-18aug16-en.mp3
Documents
Chat Transcript
Brenda Brewer: (8/18/2016 00:20) Good day all and welcome to the CWG IANA Meeting #88 on 18 August 2016 @ 06:00 UTC!
Jonathan Robinson: (00:56) Hello All
Kavouss Arasteh: (00:56) Dear Jonathan
Kavouss Arasteh: (00:57) Good European time morning
Jordan Carter (.nz): (00:57) kia ora everyone, hello
Kavouss Arasteh: (00:57) Pls read me mails sent to you few days ago and the one sent fewmintues ago
martin boyle, Nominet: (00:57) Mornin' all
Chuck Gomes (RySG): (00:58) Hello
Jonathan Robinson: (00:58) Thank-you Kavouss. I did read them carefully.
Kavouss Arasteh: (00:59) pls kindly advise the duration of yiur meeting today?
Jonathan Robinson: (00:59) Please note that Sidley has prepared a table with 5 potential options for signatory to the Community Agreement. We will review those in the IANA IPR section today
Josh Hofheimer (Sidley): (00:59) Hello
Jonathan Robinson: (01:00) The call is scheduled to run from 06h00 to 08h00 UTC
Jonathan Robinson: (01:00) Perhaps we can complete in one hour? :-)
Kavouss Arasteh: (01:00) some people are highly paid for these meetings
Yuko Green: (01:00) All, we will get started shortly
Kavouss Arasteh: (01:01) I am not paid any penny at all
Jonathan Robinson: (01:01) All. Thank-you for your prompt attendance. We will commence in approx 1 minute
Jonathan Robinson: (01:02) @All. Please ensure mics are muted when not speaking.
Yuko Green: (01:06) Implementation Status Update submitted to NTIA on 12 August can be found here:
Yuko Green: (01:06) https://www.icann.org/en/system/files/files/iana-stewardship-implementation-planning-status-12aug16-en.pdf
Yuko Green: (01:06) A response from NTIA can be found here: https://www.ntia.doc.gov/files/ntia/publications/20160816marby.pdf
Kavouss Arasteh: (01:16) just for curosity
Kavouss Arasteh: (01:16) How Jonathan and Lise were nominated to serve as the two interim Directors
Cheryl Langdon-Orr: (01:16) back in the AC room now I needed to drop and switch to another device
Kavouss Arasteh: (01:16) No doubt they are the most suitable and most competent ones
Sharon Flanagan (Sidley): (01:16) We agree this is a sensible change
Cheryl Langdon-Orr: (01:17) thx Sharon
Samantha Eisner: (01:17) 5.5.2 No Nominating Committee Director may serve more than two consecutive terms. For these purposes, a person elected to fill a vacancy in a term shall not be deemed to have served that term, and service as an Initial Director shall not count as a term for the purpose of this Section. There shall be no limit on the number of terms an ICANN Director (other than the President) may serve. The term as an ICANN Director of the person holding the office of President shall be for as long as, and only for as long as, such person holds the office of President.
Samantha Eisner: (01:18) 5.5.2 No Nominating Committee Director may serve more than two consecutive terms. For these purposes, a person elected to fill a vacancy in a term shall not be deemed to have served that term, and service as an Initial Director shall not count as a term for the purpose of this Section. There shall be no limit on the number of terms an ICANN Director (other than the President) may serve. The term as an ICANN Director of the person holding the office of President shall be for as long as, and only for as long as, such person holds the office of President.
Avri Doria: (01:18) makes sense to me. seems quite normal.
Sharon Flanagan (Sidley): (01:18) we should clarify it doesn't count only for that first short period
Kavouss Arasteh: (01:19) Coulld some one answer my questions
Sharon Flanagan (Sidley): (01:19) They are not permanently exempt from term limits
matthew shears: (01:19) makes sense
Sharon Flanagan (Sidley): (01:19) correct Chuck
Paul Kane: (01:20) Makes sense - I'm not sure why someone would want to be a director!! Kavouss, we just need to nominate two people and Jonathan\Lise offered themselves
Kavouss Arasteh: (01:22) YES AND TKS
Avri Doria: (01:22) that is the way i remember it.
Cheryl Langdon-Orr: (01:23) as do I Avoi
Cheryl Langdon-Orr: (01:25) sorry Avri, typing on a phone
Mary Uduma: (01:36) +1 Paul
Paul Kane: (01:38) Will do
Elise Gerich: (01:38) for the confidentiality, I think ICANN has already said
Elise Gerich: (01:39) my audio must not be on
Elise Gerich: (01:39) sorry - ok thanks
Elise Gerich: (01:42) apparently, audio only works if I dial in. Since we have moved on to another topic. I will refrain from speaking and will share comments with Trang and Sam to include in ICANN's response. Thank you.
Sharon Flanagan (Sidley): (01:42) We would encourage CWG (DT-O) to review Schedule A which is the list of services
Jonathan Robinson: (01:43) @Elise. Thank-you. Please do feel free to come in on audio if helpful
Xavier Calvez: (01:44) Lost Josh for a bit.
Chuck Gomes (RySG): (01:45) Is DT-O the right group to review Schedule A?
Cheryl Langdon-Orr: (01:45) good question Chuck
Chuck Gomes (RySG): (01:46) Thanks Sharon. I can see some DT-O role.
matthew shears: (01:48) put it to the iotf?
Kavouss Arasteh: (01:50) Jonathan , when you discuss the comprehensive message that I sent you on delegation of signature for the agreement
jorge cancio (GAC Switzerland): (01:53) the EC goes beyond the naming community, right?
Samantha Eisner: (01:53) @jorge, yes
Samantha Eisner: (01:53) GNSO, ccNSO, ALAC, ASO and GAC
Elise Gerich: (01:54) @jonathan Sorry for the delay and I now have audio. Since the topic of the confidentiality that Paul raised is long past, I will refrain from interrupting this discussion.
Jonathan Robinson: (02:00) @Kavouss. ICANN is potential signatory 2 under Sharon's document here
Jonathan Robinson: (02:02) @Kavouss. Sharon makes a key point in line wiht yours. We will likely need to comment in the public comment AND communicate formally (with ICANN), especially on the assumption that ICANN is the proposed signatory
Jonathan Robinson: (02:02) @Sam. Any update from ICANN on willingness to serve at this stage?
Greg Shatan: (02:03) CWG was never intended to last indefinitely: another "con."
Samantha Eisner: (02:03) @Jonathan, ICANN is willing to serve if requested
Samantha Eisner: (02:05) I think that the issue of "will need a mechanism agreeable to the [names] community on selection of the three CCG representatives" is an issue across all of the potential solutions
Kavouss Arasteh: (02:06) If ICANN IS READY TO DO SO , it must reply formall to the formal letter co signed by Jonathan and Lise .The terms and conditions of such action ( delegation of signatory authority and discharging the reponsibilities and exercising the rights must be properly mentioned in the letter
Elise Lindeberg, GAC Norway: (02:07) I agree with Greg - keeping CWG as a lasting thing is not a good option
Chuck Gomes (RySG): (02:07) +1 to Greg & Elise.
Jaap Akkerhuis (SSAC): (02:08) Yes,
Mary Uduma: (02:08) ++1@ Greg, Elise and Chuck
Kavouss Arasteh: (02:09) nO ONE WANTS THAT cwg LAST FOR EVER
Kavouss Arasteh: (02:10) Who proposed that CWG becomes a permanent body???
matthew shears: (02:10) agree that it should not last forever but the CWG should continue as it is deemed necessary and is useful
Kavouss Arasteh: (02:11) Mathiew+1
Paul Kane: (02:11) No way lat for ever. we must get back to normal life
Sharon Flanagan (Sidley): (02:11) @ Kavouss - the role would need to last so long as IETF holds the IP which could be indefinitely.
Kavouss Arasteh: (02:11) what role?
Sharon Flanagan (Sidley): (02:11) oversight and advice on IP
Kavouss Arasteh: (02:12) do you mean CWG must contuinue for ever
Sharon Flanagan (Sidley): (02:12) @Kavouss - only if CWG is the counterparty to the agreement
Kavouss Arasteh: (02:13) CWG would not be counterpart to the agreement
Mary Uduma: (02:13) On point, Jonathan
Kavouss Arasteh: (02:13) Naming community would be through delegation of its authority on the matter to ICANN
Greg Shatan: (02:16) We have never really defined the "Names Community."
Paul Kane: (02:16) Mut go - thank all
Cheryl Langdon-Orr (CLO): (02:16) Good point Greg, though no doubt some of us have concepts
Cheryl Langdon-Orr (CLO): (02:17) Bye Paul Thank You
Greg Shatan: (02:17) I don't think it's the same as the "customers."
Kavouss Arasteh: (02:17) sharon, the oversight on IP could be delegated to ICANN by Names Community together with the terms and conditions under which that tasks could be performed
Cheryl Langdon-Orr (CLO): (02:18) I believ ALAC was deemable as one
Chuck Gomes (RySG): (02:19) Thanks Sharon.
Kavouss Arasteh: (02:19) The most appropriate way would be that Names community establish an unincorporated association and sign ther agreement and perform the repsponsibities and obligations during the period validity of the agreement
Greg Shatan: (02:20) If ICANN is the signatory, it should not be actually undertake oversight of the IPR or the services. That should remain with the community.
Cheryl Langdon-Orr (CLO): (02:21) seems so Jonathan
Kavouss Arasteh: (02:21) Jonathan,
Cheryl Langdon-Orr (CLO): (02:21) the 2 options
Jonathan Robinson: (02:21) @Cheryl. Thank-you
Samantha Eisner: (02:21) @Greg, ICANN would expect the community to identify the mecahnism for the CCG representative selection and how ICANN is expected to take direction on contractual enforcement issues
Cheryl Langdon-Orr (CLO): (02:21) Sorry I sm mainly mute on this call a tad 'tied up' and in a noisy environment
Greg Shatan: (02:22) If ICANN signs, it would be on behalf of the Names Community.
Elise Lindeberg, GAC Norway: (02:22) Yes, I think that could be done Greg, - like all the other legal responsebility ICANN has that is monitored by the community
Kavouss Arasteh: (02:22) As far as the separation of responsibility is concerned the option of that Names community AND NOT GNSO AND CCNSO , establish an unincorporated associations
Cheryl Langdon-Orr (CLO): (02:22) makes sence to me Elise
Kavouss Arasteh: (02:22) It has more legal validity
Greg Shatan: (02:22) makes sense to me, Sam.
Josh Hofheimer (Sidley): (02:27) A reminder, the Community Agreement has a limited responsibility. It delivers the EC decision to the IETF that a separation of IANA Services provider is required. And then it provides some "advice" but not approval of handling of IP in more day to day scenarios
Cheryl Langdon-Orr (CLO): (02:28) Yes excellent point to remind us of Josh
Josh Hofheimer (Sidley): (02:29) As Sharon noted earlier, the CCG represenatives can be independent of ICANN
Jonathan Robinson: (02:29) @Greg. Higher volume if possible please
jorge cancio (GAC Switzerland): (02:29) voice very low
Avri Doria: (02:29) ok, so i am not the only one who cannot hear him.
Josh Hofheimer (Sidley): (02:30) Just an idea, could the CSC members be the ones to name the CCG representatives, or themselves be the CCG representatives?
Cheryl Langdon-Orr (CLO): (02:30) Much better
Cheryl Langdon-Orr (CLO): (02:33) Ohh Dear
jorge cancio (GAC Switzerland): (02:33) wow - I thought it was here...
Cheryl Langdon-Orr (CLO): (02:33) and ouch that was loud
Olivier Crepin-Leblond: (02:34) wow that just drilled into my head
Cheryl Langdon-Orr (CLO): (02:34) ear phones did not help
Greg Shatan: (02:34) that's quite shocking at 3:34 am.
Jonathan Robinson: (02:35) @least I know the fire alarm works!
Greg Shatan: (02:36) CWG has caused ICANN to do quite a few things without being an Unincorporated Association. No need to start now.
jorge cancio (GAC Switzerland): (02:36) I'm not sure if it would be easy to organize the names community as an UA - for starters, we have no definition of this community, or have we?
Kavouss Arasteh: (02:37) CHUCK,
Kavouss Arasteh: (02:37) Now you have realized that tghe issue was not as simple you you were thinking
Greg Shatan: (02:37) ICANN as signatory should avoid the need to form a UA.
Cheryl Langdon-Orr (CLO): (02:38) Happy to support that provisionary and follow up approach Jonathan
Kavouss Arasteh: (02:38) Not at all
Avri Doria: (02:38) what does provisionary mean?
Chuck Gomes (RySG): (02:38) @ Kavous: I wasn't aware that I thought it was simple.
Greg Shatan: (02:38) But not the need to define the Names Community.
Cheryl Langdon-Orr (CLO): (02:38) Sorry Avri probbly my poor use of the EN Language
Kavouss Arasteh: (02:39) Dear Chuch, but you criticised me aggressively
Xavier Calvez: (02:39) I will let Chuck start, and I will help as needed.
Kavouss Arasteh: (02:40) I was not so out of context speaking
Cheryl Langdon-Orr (CLO): (02:40) yes Xavier
Jonathan Robinson: (02:49) Note: Sidely have lef tthe call at this point
Mary Uduma: (02:53) Thanks Xavier
Cheryl Langdon-Orr (CLO): (02:53) Thanks Xavier
Cheryl Langdon-Orr (CLO): (02:54) It was a pleasure Chuck
Cheryl Langdon-Orr (CLO): (02:54) your a pleasure to work with
Jonathan Robinson: (02:59) @All. We are at the 2 hour point in our call
Mary Uduma: (03:00) Thanks Chuck. Happy to work with you
Xavier Calvez: (03:00) Welcome and thank you for the great collaboration!
Cheryl Langdon-Orr (CLO): (03:00) Thank YOU Chuck and our DTO team with ICNN STaff
Xavier Calvez: (03:01) Thank you. bye.
Avri Doria: (03:01) good night, thanks.
Elise Gerich: (03:01) Thank you and good-bye
Trang Nguyen: (03:01) Thank you. Bye!
Mary Uduma: (03:01) Very productive meeting bye all.
martin boyle, Nominet: (03:01) thanks all, bye
Cheryl Langdon-Orr (CLO): (03:01) Bye everyone Thabk you
jaap Akkerhuis (SSAC): (03:01) bye
Olivier Crepin-Leblond: (03:01) Thanks and bye!
Greg Shatan: (03:01) night, all!
