Re: [CCG] Responses to the questions raised re: Proposed Changes to License Agreements

John Curran <jcurran@arin.net> Thu, 20 April 2017 14:02 UTC

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From: John Curran <jcurran@arin.net>
To: Russ Housley <housley@vigilsec.com>
CC: "ccg@ietf.org" <ccg@ietf.org>, IETF Trustees <trustees@ietf.org>
Thread-Topic: [CCG] Responses to the questions raised re: Proposed Changes to License Agreements
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Date: Thu, 20 Apr 2017 14:02:29 +0000
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Subject: Re: [CCG] Responses to the questions raised re: Proposed Changes to License Agreements
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Russ - 
 
    I hope not; review of the changes was delayed but is now underway on an expedited basis.

/John

> On 10 Apr 2017, at 3:01 PM, Russ Housley <housley@vigilsec.com>; wrote:
> 
> I have not seen anyone raise concerns with the way that the IETF Trust resolve their earlier comments.  Is more time needed for further review?
> 
> Russ
> 
> 
>> On Mar 30, 2017, at 12:27 PM, Kaveh Ranjbar <kranjbar@ripe.net>; wrote:
>> 
>> All;
>> 
>> On 1st March the Trust sent proposed changes to the License
>> Agreements with ICANN to the CCG and requested feedback.
>> 
>> Below are the Trust responses to the questions that were raised.
>> 
>> We hope these satisfy the concerns of the CCG.
>> 
>> In addition, we believe these are the Next Steps necessary to 
>> complete the transfer of the domains and we welcome your review 
>> and comments on these as well.
>> 
>> Next Steps
>> 
>> a.  Trust sends response to CCG questions
>> b.  CCG reviews and comments
>> c.  Upon acceptance, Trust publishes Exhibit E for community review 
>> [Exhibit E to License Agreement: Domain Name Registrar Requirements]
>> d.  Community Review
>> e.  With no substantive changes, Trust and ICANN execute 
>> 	amendments to the three License Agreements
>> f.  Changes incorporated in the CSC Agreement Schedule A
>>  [Schedule A is the same as Exhibit E of the License Agreements]
>> g.  Trust publishes Schedule A of the CSC Agreement for Community Review 
>> h.  Community Review
>> i.  With no substantive changes, Trust executes CSC Agreement
>> j.  Test of CSC conformance to the requirements 
>> k.  Assuming successful test, all IANA domains transferred to Trust
>> 
>> Again, we welcome your comments and suggestions.
>> 
>> Kaveh Ranjbar
>> Chair, IETF Trust
>> 
>> ++++++++++++++++++++++
>> Responses to Questions Raised by CCG:
>> 
>> Q1:  Referencing Exhibit E Domain Name Registrar Requirements In
>> items iii and iv, there is a change from "after the same period as
>> above" to "after the same conditions as specified in item i. above".
>> However, in item ii, the words "after the same period as above² have
>> not been changed.
>> 
>> Is the different approach in item ii deliberate?
>> 
>> A1.  After review of ii in relation to i, iii, and iv, it is our
>> opinion that the same conditions should apply and have been incorporated.
>> 
>> The specific change would be as follow:
>> 
>> ii. The name must be configured to renew automatically. Removal of
>> this setting requires the approval of both administrative and
>> technical contacts, with override only possible by the registrant
>> after the same period as above.
>> 
>> s/ after the same period as above./ after the same conditions as
>> specified in item i. above.
>> 
>> The Licensor shall arrange sufficient funds to ensure renewal is
>> successful. Notices of pending, successful, and failed renewals must
>> go to both technical and administrative contacts.
>> 
>> See Exhibit E attached with the markup.
>> 
>> Q2.  Referencing Exhibit E Domain Name Registrar Requirements
>> section i, do we mean “no response” or “no objection” from the
>> current contacts? It is possible that any response (even simply
>> clarification) would inhibit update, and that may not be the desired
>> outcome.  We would appreciate confirmation and are fine with either
>> outcome.
>> 
>> A2.  We mean “No Response.”  Section i provides for two scenarios.
>> 
>> The first is the situation where the approval of both the technical
>> contact and the administrative contact is needed to approve a change
>> to the technical contact information, that is, there is “No
>> Objection” to the change.
>> 
>> The second is the situation where “No Response” was received from
>> the administrative and technical contacts (or “No Objection” from
>> one and “No Response” from the other).  In this situation the
>> registrant (the Trust) can override the need for the parties to
>> approve and approve the change to the technical contact information.
>> There must be evidence that notice of change was provided to both
>> parties and such action cannot be taken unless 10 business days have
>> passed.
>> 
>> Q3.   Can we also obtain confirmation that the agreement between the
>> licensor and the registrar is only valid as long as the License
>> agreement is in force?
>> 
>> A3.  The contract with the Registrar will not terminate merely as a
>> result of changing IANA service providers or the License Agreement
>> 
>> The Trust is entering into a contract with CSC as Registrar for the
>> purpose of it holding the IANA domains.
>> 
>> Exhibit E of the License Agreements is Schedule A section 7 of the
>> CSC Agreement.
>> 
>> Neither Exhibit E nor Schedule A are ICANN specific.
>> 
>> If ICANN is no longer the IANA Service Provider through PTI, License
>> Agreements will then be negotiated between the Trust and the new
>> provider(s).
>> 
>> If Exhibit E of the License Agreement changes, then Schedule A of
>> the Trust contract with the Registrar will be changed.
>> 
>> Of course the License Agreements will be changed in accordance with
>> the provisions of the Community Agreement.
>> 
>> Applicable Community Agreement provisions include:
>> 
>> Community Agreement Provisions
>> 
>> 3.2       Licenses to IANA Operators.
>> 
>> a.         The IETF Trust shall license the IANA Intellectual
>> Property, including the use of associated domain names, to one or
>> more third party operators selected as described below (“IANA
>> Operators”) for use in connection with performing IANA Services
>> under one or more written license agreements (“License Agreements”).
>> 
>> e.         Operational Community IANA Operator Request.
>> 
>> (i)  Upon the request of an Operational Community, the IETF Trust
>> will attempt in good faith to negotiate a License Agreement with a
>> prospective IANA Operator relating to the Operational Community’s
>> designated IANA Service and based to the greatest extent possible on
>> the Initial License Agreement(s) (or the License Agreement in use
>> immediately prior to such negotiation, if different). (ii)  The IETF
>> Trust and each Operational Community hereby acknowledge that the
>> License Agreement that the IETF Trust has executed with the initial
>> IANA Operator as of the Effective Date, attached hereto as Exhibit
>> D-1, D-2 or D-3, respectively (the “Initial License Agreements”) is
>> acceptable to it.
>> 
>> 
>> 
>> <Exhibit E Domain Name Registrar Requirements Markup -01.pdf>_______________________________________________
>> CCG mailing list
>> CCG@ietf.org
>> https://www.ietf.org/mailman/listinfo/ccg
> 
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