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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
+
+
+
+
+Bradner                      Informational                      [Page 1]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+   (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
+
+
+
+Bradner                      Informational                      [Page 2]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+           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.
+
+
+
+
+
+
+Bradner                      Informational                      [Page 3]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+       (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
+
+
+
+Bradner                      Informational                      [Page 4]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+           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.
+
+
+
+Bradner                      Informational                      [Page 5]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+                 (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.
+
+
+
+
+
+
+Bradner                      Informational                      [Page 6]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+       (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
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+Bradner                      Informational                      [Page 7]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+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: sob@harvard.edu
+
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+Bradner                      Informational                      [Page 8]
+
+RFC 2691                  MoU for an ICANN PSO            September 1999
+
+
+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.
+
+   The limited permissions granted above are perpetual and will not be
+   revoked by the Internet Society or its successors or assigns.
+
+   This document and the information contained herein is provided on an
+   "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING
+   TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
+   BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION
+   HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF
+   MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
+
+Acknowledgement
+
+   Funding for the RFC Editor function is currently provided by the
+   Internet Society.
+
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+Bradner                      Informational                      [Page 9]
+