[CRISP-TEAM] Fwd: [CWG-Stewardship] FW: [client com] IPR Memo

Mwendwa Kivuva Kivuva at transworldafrica.com
Fri Aug 7 10:46:53 CEST 2015


Thanks Andrei,

On 7 August 2015 at 10:33, Andrei Robachevsky <robachevsky at isoc.org> wrote:

> Mwendwa Kivuva wrote on 07/08/15 09:19:
> > Hi Izumi, CRISP Team,
> >
> > We many need to debate this statement from Sidley to see if it is
> > consistent with our proposal as Sidley claims. We might be asked to give
> > our views on them,so better we be prepared.. "housing the IANA IPR with
> > ICANN would be consistent with the Internet Number Community’s
> > separation recommendation "
> >
>
> Fully agree, we need to be prepared.
>
> > " Per the CWG Final Proposal, PTI will be the IANA functions operator.
> > The Internet Number Community, through CRISP, has recommended that
> > ownership of the IANA IPR not be held by the IANA functions operator in
> > order to facilitate a smooth transition should another operator be
> > selected in the future and to ensure that these assets are used in a
> > non-discriminatory way. Therefore, housing the IANA IPR with ICANN would
> > be consistent with the Internet Number Community’s separation
> > recommendation (albeit not with their specifically-recommended form of
> > an independent trust as discussed in Scenario 3 below)."
> >
> > My initial assessment would be how "separate" is PTI from ICANN? How
> > much control does ICANN have over PTI?
>
> Good question. I was told - very limited control, but I guess it depends
> on the scenario one is considering.
>
> My take on this - as long as the RIRs contract ICANN for the IANA
> numbering services, ICANN is the IFO, and Sidley's first scenario is
> inconsistent with the CRISP team proposal.
>
>
My Understanding has always been since it is envisaged NTIA will transfer
the contractual responsibility of the IANA function to  ICANN, the
numbering community will sign the SLA with ICANN. It is ICANN which will
have been granted fiduciary responsibility over the IANA functions by NTIA.




______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on
higher ground in that lifetime." - Maxwell Anderson
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