RFC2691

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Network Working Group S. Bradner Request for Comments: 2691 Harvard University Category: Informational September 1999

           A Memorandum of Understanding for an ICANN
                 Protocol Support Organization

Status of this Memo

This memo provides information for the Internet community. It does not specify an Internet standard of any kind. Distribution of this memo is unlimited.

Copyright Notice

Copyright (C) The Internet Society (1999). All Rights Reserved.

Abstract

This is the text of the Memorandum of Understanding (MoU) that was signed by ICANN, the IETF, the ITU-T, W3C and ETSI on July 14, 1999 in Oslo. This MoU creates the Protocol Support Organization (PSO) within the Internet Corporation for Assigned Names and Numbers (ICANN). This MoU was developed by representatives of the IETF, ITU, W3C, ETSI, and ICANN with the help of Jorge Contreras of Hale and Dorr.

                    MEMORANDUM OF UNDERSTANDING
                           July 14, 1999
              ICANN Protocol Supporting Organization

(1) Purpose and Scope

   (a) The Protocol Support Organization (PSO) will be a consensus-
       based  advisory body within the ICANN framework.
   (b) The PSO will establish a "Protocol Council" and host an
       annual open  meeting (the "General Assembly").
   (c) The purpose of this Memorandum of Understanding (MOU) is to
       establish a set of principles that ICANN and the Standards
       Development Organizations who have signed below (the Signing
       SDOs) will  use in forming and operating the PSO

(2) Composition and Action of Protocol Council

   (a) Size.  Each Signing SDO will appoint two (2) members to the
       Protocol Council, each such member to serve for a time period
       determined by such Signing SDO.
   (b) Each Signing SDO shall be responsible for choosing its
       members of the Protocol Council in a manner of its own
       choosing, and in accordance with its own open procedures.
       Each Signing SDO may remove or replace one or both of its
       members on the Protocol Council in its discretion.  Each
       Signing SDO must notify the Protocol Council Secretary and
       ICANN when it changes its members and, in addition, must
       ratify its choices at least annually.
   (c) Selection and Appointment.  Concurrently with the posting of
       notice of the date of the annual meeting of the PSO General
       Assembly on the PSO Web Site, ICANN and the Protocol Council
       shall make an open call for nominations to any potential
       vacancies on the Protocol Council.  Any nominations received
       will be forwarded to the Signing SDOs eligible to appoint
       members (i.e., they do not already have two members on the
       Protocol Council) for their consideration.
   (d) Action by Protocol Council.  Unless otherwise specified in
       this MOU, all actions of the Protocol Council shall be taken
       by majority vote of the total number of members.  Action may
       be taken at any meeting of the Protocol Council, which may be
       by telephone conference in which all participants can hear
       the others.  Meetings of the Protocol Council may be called
       by request of any three members of the Protocol Council, with
       at least 45 days for physical meetings or fifteen (15) days
       for telephonic or other electronic meetings prior written
       notice to each of the other members.  In order to conduct
       business at any meeting of the Protocol Council, at least a
       quorum of members must be present; a quorum shall be present
       when at least majority of the members of the Protocol Council
       are present, and when such members represent at least 3/4ths
       of the Signing SDOs.
   (e) Web Site.  The Protocol Council will arrange for the
       establishment and maintenance of a Web site devoted to PSO
       activities and news.
   (f) Secretary.  The Protocol Council will have a Secretary to
       coordinate administrative matters relating to the PSO and
       Protocol Council.  The Secretary's term of office shall be
       one year.  The position of Secretary will rotate among the
       Signing SDOs, with the initial Secretary to be selected by
       the IETF, and subsequent Secretaries to be appointed by a
       randomly selected Signing SDO that has not appointed  the
       Secretary in the current rotation.
   (g) No Compensation.  Neither the Secretary, nor any Protocol
       Council member or designated ICANN Board member shall be
       entitled to any compensation or reimbursement of expenses
       from the PSO.  The PSO shall not be required to obtain
       insurance coverage for, or to indemnify, the members of the
       Protocol Council or persons acting in any other capacity by
       or for the PSO.

(3) ICANN Directors

   (a) The Protocol Council will appoint Directors to the ICANN
       Board of  Directors in accordance with the By-laws of ICANN,
       for such terms as  are specified by such By-laws.  ICANN will
       notify the Protocol Council of any vacancies on the ICANN
       Board which may be filled by the Protocol Council.
   (b) The Protocol Council will conduct an open call for
       nominations for any open PSO seats on the ICANN Board.  Each
       Signing SDO is entitled to nominate candidates by procedures
       of its own choosing. Additionally, nominations from the
       public at large will be allowed under conditions to be
       defined by the Protocol Council.  The Protocol Council will
       select the PSO nominees to the ICANN Board from among these
       nominees.  ICANN Directors selected by the Protocol Council
       may, but need not, be members of the Protocol Council or any
       SDO.
   (c) No more than 2 PSO-nominated Directors may be residents of
       the same Geographic Region (as defined in the ICANN By-laws).
   (d) The ICANN Directors appointed by the Protocol Council will
       not represent the PSO on the ICANN Board, but will function
       as full Directors of ICANN.

(4) Duties of Protocol Council

   (a) Advisory Role.  The Protocol Council will advise the ICANN
       Board on matters referred to the Protocol Council by the
       ICANN Board relating to the assignment of parameters for
       Internet protocols.
   (b) Policy Development
       (i)   In the tradition of the Internet, standards development
             policies and conflict resolution mechanisms should be
             created and utilized by those institutions most
             directly involved, without undue interference from
             centralized bodies.
       (ii)  The ICANN By-laws vest in the PSO the primary
             responsibility for developing and recommending
             substantive policies in the area of protocol parameter
             assignment.
       (iii) The PSO is committed to the proposition that policies
             for parameter assignments for particular protocols are
             the responsibility of the individual Signing SDO that
             developed the protocol.
       (iv)  The Protocol Council, and, when requested, ICANN, will
             be available as needed by the Signing SDOs to develop
             policies and procedures for conflict resolution between
             Signing SDOs.
       (v)   Any such policies and procedures will be adopted only
             with the agreement of all SDOs.

(5) Annual Open Meeting

   (a) The Protocol Council will periodically convene an open
       meeting  ("General Assembly") for promoting discussion and
       receiving input  regarding the work of the PSO.
   (b) A General Assembly  will be held at least once per year, and
       will permit open participation by all interested individuals.
   (c) Each annual General Assembly will be hosted by a Signing SDO
       in  conjunction with one of its major meetings, as determined
       by the  Protocol Council (with an effort to hold no 2
       consecutive General  Assemblies in the same Geographic
       Region.)
   (d) It is expected that the major organizations within the
       Internet  protocol standards development community will
       provide the  constituency of the General Assembly.

(6) Open Proceedings and Documents

   (a) Communications between ICANN and the Protocol Council.  All
       official communications between ICANN and the Protocol
       Council will be made public on the PSO web site.  In the
       event that ICANN requests that a communication be kept
       confidential, the Protocol Council will honor this request
       for a fixed period of time not to exceed one year, and then
       make the communication public.
   (b) Protocol Council Proceedings.  All meetings of the Protocol
       Council and official discussions of Protocol Council business
       will be conducted or reported on a publicly-archived mailing
       list accessible through the PSO web site.
   (c) Meeting Announcements.  The schedule and agenda for the PSO
       General Assembly will be posted on the PSO Web Site at least
       90 days in advance of the meeting date.  Notice of Protocol
       Council meetings will be posted on the PSO Web at least 45
       days before each physical meeting or fifteen (15) days before
       any telephonic or other electronic meeting, or such shorter
       time period agreed upon by each of the Signing SDOs.  The
       minutes from all PSO meetings will be publicly posted on the
       PSO web site within 30 days of the meeting.

(7) Review and Modification of MOU. ICANN and the Signing SDOs will

   periodically review the results and consequences of their
   cooperation under this MOU.  When appropriate, the signatories
   will consider the need for improvements in the MOU and make
   suitable proposals for modifying and updating the arrangements
   and scope of the MOU.  Any modification to the MOU must be
   approved by all signatories.

(8) Standards Development Organizations

   (a) The initial signatories to this MOU shall include ICANN and
       the Signing SDOs who have signed below.  Each Signing SDO
       must be an international, Internet-related standards
       development organization that establishes that it meets the
       criteria for SDOs set forth below.
       (i)  SDOs must be open, international, voluntary technical
             standard and technical specification development
             organizations which:
             (A) Develop standards and/or specifications for use
                 over the public Internet.
             (B) Can demonstrate active membership in the IP-related
                 standards and/or specification development process
                 of more than 800 individuals, if individual
                 memberships are used by the organization, or 80
                 companies, if corporate memberships are used by the
                 organization.
             (C) Has been in operation for 3 or more years at the
                 time of their application.
             (D) Can demonstrate that there is significant
                 deployment of its standards on the Internet.
             (E) The significant protocols controlled by the
                 organization can be implemented without paying a
                 licensing fee to the organization.
       (ii)  Open, international, voluntary standards organizations
             are defined as international organizations that plan,
             develop or establish voluntary standards.  An
             organization shall be considered open and international
             if its standards and/or specifications development
             process is open to any person or organization of any
             nationality on equitable terms.  An organization shall
             be considered voluntary if it makes no claim to compel
             use of its standards and specifications.  Additionally,
             to be considered 'international', an organization's
             voting (or other "full") membership must include
             individuals or companies primarily located in at least
             three different Geographic Regions and at least two
             different countries within each of those Geographic
             Regions.
   (b) New Signatories
       (i)   Any organization that believes it satisfies the SDO
             qualifications set forth above may apply in writing to
             the  Protocol Council to become a party to this MOU.
             In order for an organization to become a party to this
             MOU, all then-existing MOU signatories must agree that
             such organization qualifies as  an SDO.
       (ii)  Rejected applicants can appeal to the ICANN Board,
             which may override such a rejection if the ICANN Board
             finds, by at least a two-thirds vote, that the
             organization meets the SDO criteria set forth above.
       (iii) Any organization that is accepted as an SDO under this
             MOU  must execute a copy of this MOU, and agree to be
             bound by all of its terms and conditions, upon which it
             shall be considered  a Signing SDO for all purposes
             under this MOU.
   (9) General.  This MOU does not constitute any of the parties as
       a partner, joint venture, agent, principal or franchisee of
       any other party. The waiver of any provision of this MOU on
       any occasion shall not constitute a waiver for purposes of
       any other occasion.  No party may transfer or assign any
       interest, right or obligation arising under this MOU without
       the prior written consent of each other party to this MOU.
   IN WITNESS WHEREOF, this Memorandum of Understanding is executed
   this 14 day of July 1999 by the undersigned, acting through their
   duly authorized representatives:
   INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
     By: (signature)
     Name: Michael W. Roberts
     Title: Interim President / CEO
   INTERNET ENGINEERING TASK FORCE
     By: (signature)
     Name: Fredrick J.  Baker
     Title: Chair, IETF
   INTERNATIONAL TELECOMMUNATIONS UNION
     By: (signature)
     Name: Houlin Zhao, on behalf of Secretary-General of ITU
     Title: Director, TSB
   WORLD WIDE WEB CONSORTIUM
     By: (signature)
     Name: Henrik Frystyk Nielsen
     Title: HTTP Activity Lead
   EUROPEAN TELECOMMUNICATIONS STANDARDS INSITITUTE
     By: (signature)
     Name: Bridget Cosgrave
     Title: Deputy Director General

Security Considerations

This type of non-protocol document does not directly effect the security of the Internet.

Editor's Address

Scott Bradner Harvard University 1350 Mass Ave, rm 876 Cambridge, MA 02138 USA

Phone: +1 617 495 3864 EMail: [email protected]

Full Copyright Statement

Copyright (C) The Internet Society (1999). All Rights Reserved.

This document and translations of it may be copied and furnished to others, and derivative works that comment on or otherwise explain it or assist in its implementation may be prepared, copied, published and distributed, in whole or in part, without restriction of any kind, provided that the above copyright notice and this paragraph are included on all such copies and derivative works. However, this document itself may not be modified in any way, such as by removing the copyright notice or references to the Internet Society or other Internet organizations, except as needed for the purpose of developing Internet standards in which case the procedures for copyrights defined in the Internet Standards process must be followed, or as required to translate it into languages other than English.

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Acknowledgement

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