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Request for clarification regarding a procedural issue

  • To: "Icg-Forum@Icann. Org" <icg-forum@xxxxxxxxx>
  • Subject: Request for clarification regarding a procedural issue
  • From: "Richard Hill" <rhill@xxxxxxxxx>
  • Date: Fri, 10 Oct 2014 15:24:13 +0200

On 9 October, NTIA stated:

"ICANN must be the party that formally submits the transition proposal to
NTIA", see:

  http://mm.icann.org/pipermail/internal-cg/2014-October/001904.html

But the ICG was established by ICANN, see:

  https://www.icann.org/stewardship/coordination-group

ICANN did not specify the charter of the ICG, it empowered the ICG to set
its own charter.  The charter is at:

 https://www.icann.org/en/system/files/files/charter-icg-27aug14-en.pdf

The ICG charter states that ICG "has one deliverable: a proposal to the U.S.
Commerce Department National Telecommunications and Information
Administration (NTIA) regarding the transition of NTIA’s stewardship of the
IANA functions to the global multistakeholder community."

Page 5 of the charter clearly indicates that the ICG will transmit its
proposal directly to NTIA.

Since ICG is an organ of ICANN, and nobody in ICANN objected to the ICG
charter, it seems to me that ICANN, as an organization, has agreed that the
ICG will transmit the proposal directly to NTIA.

In so doing, the ICG is in effect ICANN, or, if you prefer, acting on behalf
of ICANN.

That is, ICG is the organ that ICANN has designated to transmit the proposal
to NTIA.

So I don't understand what other formal process NTIA is asking for.  Does
NTIA want a cover letter from the ICANN CEO?  Or from the Chairman of ICANN?
Or does it want a formal decision by the ICANN Board endorsing the output of
the ICG?

I would suggest that the Chair of ICG request clarification from NTIA, so
that this formal procedural point can be cleared up.

Thanks and best,
Richard






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