August 2016 - Iana-ipr - nro-apps-2.ripe.net

IANA IPR Follow-up Call #8 | 25 Aug 16 | Meeting Notes & Chat
by Nathalie Vergnolle 26 Aug '16

26 Aug '16

Dear all, Please find below the notes and chat of IANA IPR call #8, held on 08 Aug 16. Recordings of the meeting are currently unavailable due to a technical issue. They will be posted under the Meetings and Work Session section of the Implementation page found here: https://www.icann.org/stewardship-implementation if the issue can be resolved. Thank you. Nathalie. IANA IPR Follow-Up Call Thursday, 25 August @ 16:30 UTC Notes: 1. Legal issues deferred from last week · Indemnification: nature and duration (assignment agreement) - to be discussed with ICANN Legal · Arbitration items (license agreement) - Art. 7.4 has a few brackets that need to be eliminated. - to be discussed with ICANN Legal 2. Update on CWG issues discussed last week · Names community signatory (community agreement) - ICANN will be the counterparty. Looking into ways to proceed without bylaws changes. · Definition of names community - under discussion, still to be determined. 3. Proposed timeline and process for comment handling · ACTION (staff): send doodle for meetings on Sept 19 (2hrs) and Sept 21 (1hr) · ACTION (staff): send doodle for follow-up call week of Sept 5th. Chat: Brenda Brewer:Good day all and welcome to the IANA IPR Follow-up call on Thursday, 25 August 2016 @ 16:30 UTC! Josh Hofheimer (Sidley):Have there been many comments, or more specifically any substantive responses requestingchanges Josh Hofheimer (Sidley):Correct, CWG does not have any significant concerns, and no comment on the indemnity issue Alan Barrett:Josh: comments are here: http://ianacg.org/pipermail/ianaiprpubliccomment_ianacg.org/ Alan Barrett:There has been only one comment so far, from the NRO, supporting the draft agreements. Trang Nguyen:Sorry, having trouble connecting audio Trang Nguyen:Will be happy to touch base with Sam regarding this. Lise Fuhr:Agree andrew sullivan:hurray! Greg Shatan:If we wanted to formally expand the IANA Function Review's scope to reviewing ICANN's performance as the signatory, that would require a Bylaws change. But that lily does not need to be gilded. Greg Shatan:Not that I know of. Jari Arkko:I have heard only what Andrew said Nathalie Vergnolle:Correct, no call scheduled. andrew sullivan:Note that this slot will _not_ work on the 8th because the Trust is meeting then

1 0

Proposed timeline and process for IPR comments
by Alissa Cooper 25 Aug '16

25 Aug '16

I put together the following proposed timeline for the handling of the IANA IPR comments: ---- Sept 12 - Public comment period ends Sept 14 - Jorge/Sam/Josh produce initial assessment of how to address comments received and redlined agreements (if appropriate). Lawyers to share those on iana-ipr(a)nro.net <mailto:iana-ipr@nro.net>. Sept 15-16 - Communities discuss comment assessment and redlines internally and raise issues for group discussion on iana-ipr(a)nro.net <mailto:iana-ipr@nro.net>. Sept 19 - IANA IPR group call (2 hours) to discuss comment assessment and redlines. Sept 21 - IANA IPR group call to finalize agreements, if not already finalized. Sept 22 - IETF Trust meets to approve signing Communities approve signing Sept ?? - ICANN Board meeting to approve signing (not sure if Board meeting is required, but current schedule shows a regular Board meeting on Sept 17, which is too early) Week of Sept 26 - Agreements signed CCG members announced —— Obviously some of this depends on the comments we receive. So far he have received just one, a supportive comment from the NRO. [1] But in any event the suggestion is that since the legal folks did so well working through various compromises before the public comment period, that we would ask them to produce the initial assessment of the public comments. This timeline also gives us a bit of a buffer at the end in case things slip by a day or two. I think it would be good to get rough agreement around the timeline because it implies that the various parties will need to have their own processes for final sign-off, and those need to be scheduled in advance. I will put this on our agenda for tomorrow. Alissa [1] http://ianacg.org/pipermail/ianaiprpubliccomment_ianacg.org/2016-August/thr… <http://ianacg.org/pipermail/ianaiprpubliccomment_ianacg.org/2016-August/thr…>

3 2

Agenda for 8/25 call
by Alissa Cooper 24 Aug '16

24 Aug '16

Proposed agenda for the 8/25 call: 1. Legal issues deferred from last week - Indemnification: nature and duration (assignment agreement) - Arbitration items (license agreement) 2. Update on CWG issues discussed last week - Names community signatory (community agreement) - Definition of names community (license agreement) 3. Proposed timeline and process for comment handling

1 0

NRO statement on IANA Intellectual Property Rights
by German Valdez 23 Aug '16

23 Aug '16

Dear Colleagues FYI https://www.nro.net/news/nro-statement-on-iana-intellectual-property-rights ==== NRO statement on IANA Intellectual Property Rights The NRO has reviewed the IANA Intellectual Property Rights (IPR) Assignment Agreement, the IANA IPR License Agreement and the IANA IPR Community Agreement, as published for comment at <https://www.ianacg.org/call-for-public-comment-on-iana-ipr-agreements/>, and finds that these IPR agreements meet the requirements of the numbers community, as expressed in the CRISP Proposal at <https://www.nro.net/news/final-proposal-crisp> The NRO notes that these agreements are presently posted for public comments through September 12, 2016 at 23:59 UTC. After that time and presuming a favorable review of the comments received, the NRO intends to enter into these agreements in order to facilitate the IANA Stewardship transition. For your information, Oscar Robles Chair Number Resource Organization ==== German Valdez NRO

1 0

IANA IPR Follow-up Call #7 | 18 Aug 16 | Meeting Notes & Chat
by Nathalie Vergnolle 18 Aug '16

18 Aug '16

Dear all, Please find below the notes and chat of today’s IANA IPR call. Recordings of the meeting will be posted under the Meetings and Work Session section of the Implementation page found here: https://www.icann.org/stewardship-implementation Thanks, Nathalie. IANA IPR Follow-Up Call on Thursday, 18 August @ 17:00 UTC Participants: Alan Barrett Alissa Cooper Andrew Sullivan Greg Shatan Jari Arkko Jonathan Robinson Josh Hofheimer (Sidley) Ray Pelletier Russ Housley Samantha Eisner Ted Hardie Trang Nguyen Yael Resnick (Sidley) Brenda Brewer Nathalie Vergnolle Yuko Green Notes: Introduction No public comments received yet. 1. Outstanding items in the community agreement • Names community signatory: - ICANN currently the front runner. CWG actively exploring this option. - Discussed if/how this could affect other parties/other parts of the agreement - Point will be further discussed once it has been further looked into by CWG/Sidley 2. Outstanding items in the license agreement • Definition of Names Community (1.24) - Currently TBD in the agreement - Item being discussed by CWG Action: CWG to provide definition when it becomes available • Arbitration items: number of arbitrators and location (7.4) - Item being discussed 3. Timing for CCG member appointments • NRO expecting to be ready by end of September, when the agreement will be signed • IETF expressed concern that there may not be sufficent time to run the normal process for selection of CCG members, and an interim solution may be necessary • CWG working towards having a solution in place before end of September 4. Approach to establishment of CCG operating procedures • Cf. art 2.4 of Community agreement 5. Future call scheduling ACTION (Staff): Weekly calls to be scheduled for next 3 weeks (preferably after CWG calls) Chat: Yuko Green:Hi everybody, welcome to IANA IPR follow-up call! Jonathan Robinson:We do not have scroll rights on the doc in the Adobe Yuko Green:I just released the scroll rights Jonathan Robinson:Thank you Yuko Greg Shatan:Sorry to be delayed. Greg Shatan:TBD has been incorrporated as Technical Buyers of Domains, Inc. Alissa Cooper:lulz Jonathan Robinson:@Greg. Good point. I had converged Names Community and Names Services in my thinking. Josh Hofheimer (Sidley):There is nothing for the Names Community to sign in this document. Greg Shatan:Understood, but we still need to say who they are.... Greg Shatan:or who we are. Greg Shatan:Since it's not a notice that needs to come from a signatory party, there's a little more flexibility in saying who taht is. Alan Barrett:how wrong would it be to say Names Community = {some list of ICANN subsets, including at least ccNSO + gNSO} Jonathan Robinson:@Alan. Discussion along those lines took place today but it is not settled e.g. there are a reasonable number of ccTLDs outside of the ccNSO Greg Shatan:Whoever it is, is only the messenger. Ted Hardie:@Jonathan would it be fair to say that they are "that portion of the Name Community that picks the representives for CCG"? Ted Hardie:Name/Names Jonathan Robinson:@Ted. Possibly but work in progress andrew sullivan:Ok here andrew sullivan:Yeah, we could definitely do an interim thing in time andrew sullivan:I agree Ted Hardie:Sorry, the mic claims it is live; I will log out and long back in andrew sullivan:I think that my main point was in line with what Jari is suggesting andrew sullivan:It doesn't seem to me that there'll be any thing actually to do on day 1 Jonathan Robinson:@Alissa. Got it. Thank-you Ted Hardie:I think interim is the wrong formulation. Ted Hardie:I think we can make appointments, and set deadlines for new appointments Greg Shatan:"Initial"? andrew sullivan:we don't need to set such deadlines, though andrew sullivan:because the communities can remove and replace as they want Ted Hardie:If need be, I believe the IETF/IAB can do that. Jari Arkko:fwiw I am happy with the interim approach, certainly could be done from IETF side. Jonathan Robinson:Andrew faded for me too andrew sullivan:Sorry. My point was just that I thought we'd decided this in andrew sullivan:the earlier principles discussion andrew sullivan:and I am not sure why we want to reopen it andrew sullivan:none here Jonathan Robinson:OK with me Ray Pelletier:concur Ted Hardie:No objections Greg Shatan:Indubitably. Jonathan Robinson:Thursday this type of time typically follows CWG meeting so names are "up to date" Jonathan Robinson:Thanks all Ray Pelletier:at first meeting CCG to adopt procedures andrew sullivan:thanks! Bye all Ted Hardie:Thanks, bye all Alan Barrett:thanks

1 0

Agenda for 8/18 call
by Alissa Cooper 18 Aug '16

18 Aug '16

Here is a proposed agenda for the call on August 18. 1. Outstanding items in the community agreement - Names community signatory 2. Outstanding items in the license agreement - Definition of Names Community (1.24) - Arbitration items: number of arbitrators and location (7.4) 3. Outstanding items in the assignment agreement - Indemnification duration (6.1) 4. Timing for CCG member appointments 5. Approach to establishment of CCG operating procedures

4 6

Possible Signatory for Names Community in Community Agreement
by Greg Shatan 12 Aug '16

12 Aug '16

All, The CWG will move forward with ICANN as a possible signatory to the Community Agreement. The preamble to the Community Agreement should delete the blank underscore before ("Names Community") and replace it with [the Internet Corporation for Assigned Names and Numbers]. To be clear, the square brackets should appear in the document. This should be accompanied by a footnote, which will have the following text: CWG-Stewardship is considering the appropriate entity to be the signatory to the Community Agreement on behalf of the Names Community. At the request of the CWG-Stewardship, ICANN has indicated that it could serve as the counterparty to the Community Agreement on behalf of the Names Community and ICANN has been included in this draft. ICANN (or another counterparty) would be subject to process and criteria as determined by CWG-Stewardship. If you have any questions, please respond to this email. Thanks! Greg

6 8

solicitation link
by Alissa Cooper 11 Aug '16

11 Aug '16

When the call for public comments is posted, it will be located here: https://www.ianacg.org/call-for-public-comment-on-iana-ipr-agreements/ <https://www.ianacg.org/call-for-public-comment-on-iana-ipr-agreements/> Wanted to share in case folks are preparing their own announcements and embedding this link in advance. Alissa

7 8

Clean IANA IPR Agreements for Public Comment
by Jorge Contreras 11 Aug '16

11 Aug '16

Jorge L. Contreras Contreras Legal Strategy LLC 1711 Massachusetts Ave. NW, No. 710 Washington, DC 20036 contreraslegal(a)att.net The contents of this message may be attorney-client privileged and confidential. If you are not the intended recipient, please delete this message immediately.

1 0

Revised IANA IPR Agreements - marked
by Jorge Contreras 11 Aug '16

11 Aug '16

All attached are marked versions of the IANA IPR Agreements showing the following final changes made today: 1. Draft date changed to Aug. 11 (all agreements) 2. Protocol Community changed to Protocol Parameter Community (License and Community agt) 3. ICANN listed in preamble to Community Agreement, with footnote submitted by Greg Shatan. I will send the clean versions via separate email in a moment. Jorge Jorge L. Contreras Contreras Legal Strategy LLC 1711 Massachusetts Ave. NW, No. 710 Washington, DC 20036 contreraslegal(a)att.net The contents of this message may be attorney-client privileged and confidential. If you are not the intended recipient, please delete this message immediately.

1 0