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Status of this Memo 12 This document is an Internet-Draft and is in full conformance with 13 all provisions of Section 10 of RFC2026. 15 Internet-Drafts are working documents of the Internet Engineering 16 Task Force (IETF), its areas, and its working groups. Note that 17 other groups may also distribute working documents as Internet- 18 Drafts. 20 Internet-Drafts are draft documents valid for a maximum of six months 21 and may be updated, replaced, or obsoleted by other documents at any 22 time. It is inappropriate to use Internet-Drafts as reference 23 material or to cite them other than as work in progress. 25 The list of current Internet-Drafts can be accessed at 26 http://www.ietf.org/ietf/1id-abstracts.txt 28 The list of Internet-Draft Shadow Directories can be accessed at 29 http://www.ietf.org/shadow.html. 31 This document will expire before December, 1999. Distribution of this 32 draft is unlimited. 34 2. Abstract 35 This is the text of the Memorandum of Understanding (MoU) that was 36 signed by ICANN, the IETF, the ITU-T, W3C and ETSI on July 14, 1999 37 in Oslo. This MoU creates the Protocol Support Organization(PSO) 38 within the Internet Corporation for Assigned Names and Numbers 39 (ICANN). This MoU was developed by representatives of the IETF, ITU, 40 W3C, ETSI, and ICANN with the help of Jorge Contreras of Hale and 41 Dorr. 43 MEMORANDUM OF UNDERSTANDING 45 July 14, 1999 47 ICANN Protocol Supporting Organization 49 (1) Purpose and Scope 51 (a) The Protocol Support Organization (PSO) will be a consensus- 52 based advisory body within the ICANN framework. 54 (b) The PSO will establish a "Protocol Council" and host an 55 annual open meeting (the "General Assembly"). 57 (c) The purpose of this Memorandum of Understanding (MOU) is to 58 establish a set of principles that ICANN and the Standards 59 Development Organizations who have signed below (the Signing 60 SDOs) will use in forming and operating the PSO 62 (2) Composition and Action of Protocol Council 64 (a) Size. Each Signing SDO will appoint two (2) members to the 65 Protocol Council, each such member to serve for a time period 66 determined by such Signing SDO. 68 (b) Each Signing SDO shall be responsible for choosing its 69 members of the Protocol Council in a manner of its own 70 choosing, and in accordance with its own open procedures. 71 Each Signing SDO may remove or replace one or both of its 72 members on the Protocol Council in its discretion. Each 73 Signing SDO must notify the Protocol Council Secretary and 74 ICANN when it changes its members and, in addition, must 75 ratify its choices at least annually. 77 (c) Selection and Appointment. Concurrently with the posting of 78 notice of the date of the annual meeting of the PSO General 79 Assembly on the PSO Web Site, ICANN and the Protocol Council 80 shall make an open call for nominations to any potential 81 vacancies on the Protocol Council. Any nominations received 82 will be forwarded to the Signing SDOs eligible to appoint 83 members (i.e., they do not already have two members on the 84 Protocol Council) for their consideration. 86 (d) Action by Protocol Council. Unless otherwise specified in 87 this MOU, all actions of the Protocol Council shall be taken 88 by majority vote of the total number of members. Action may 89 be taken at any meeting of the Protocol Council, which may be 90 by telephone conference in which all participants can hear 91 the others. Meetings of the Protocol Council may be called 92 by request of any three members of the Protocol Council, with 93 at least 45 days for physical meetings or fifteen (15) days 94 for telephonic or other electronic meetings prior written 95 notice to each of the other members. In order to conduct 96 business at any meeting of the Protocol Council, at least a 97 quorum of members must be present; a quorum shall be present 98 when at least majority of the members of the Protocol Council 99 are present, and when such members represent at least 3/4ths 100 of the Signing SDOs. 102 (e) Web Site. The Protocol Council will arrange for the 103 establishment and maintenance of a Web site devoted to PSO 104 activities and news. 106 (f) Secretary. The Protocol Council will have a Secretary to 107 coordinate administrative matters relating to the PSO and 108 Protocol Council. The Secretary's term of office shall be 109 one year. The position of Secretary will rotate among the 110 Signing SDOs, with the initial Secretary to be selected by 111 the IETF, and subsequent Secretaries to be appointed by a 112 randomly selected Signing SDO that has not appointed the 113 Secretary in the current rotation. 115 (g) No Compensation. Neither the Secretary, nor any Protocol 116 Council member or designated ICANN Board member shall be 117 entitled to any compensation or reimbursement of expenses 118 from the PSO. The PSO shall not be required to obtain 119 insurance coverage for, or to indemnify, the members of the 120 Protocol Council or persons acting in any other capacity by 121 or for the PSO. 123 (3) ICANN Directors. 125 (a) The Protocol Council will appoint Directors to the ICANN 126 Board of Directors in accordance with the By-laws of ICANN, 127 for such terms as are specified by such By-laws. ICANN will 128 notify the Protocol Council of any vacancies on the ICANN 129 Board which may be filled by the Protocol Council. 131 (b) The Protocol Council will conduct an open call for 132 nominations for any open PSO seats on the ICANN Board. Each 133 Signing SDO is entitled to nominate candidates by procedures 134 of its own choosing. Additionally, nominations from the 135 public at large will be allowed under conditions to be 136 defined by the Protocol Council. The Protocol Council will 137 select the PSO nominees to the ICANN Board from among these 138 nominees. ICANN Directors selected by the Protocol Council 139 may, but need not, be members of the Protocol Council or any 140 SDO. 142 (c) No more than 2 PSO-nominated Directors may be residents of 143 the same Geographic Region (as defined in the ICANN By-laws). 145 (d) The ICANN Directors appointed by the Protocol Council will 146 not represent the PSO on the ICANN Board, but will function 147 as full Directors of ICANN. 149 (4) Duties of Protocol Council 150 (a) Advisory Role. The Protocol Council will advise the ICANN 151 Board on matters referred to the Protocol Council by the 152 ICANN Board relating to the assignment of parameters for 153 Internet protocols. 155 (b) Policy Development. 157 (i) In the tradition of the Internet, standards development 158 policies and conflict resolution mechanisms should be 159 created and utilized by those institutions most 160 directly involved, without undue interference from 161 centralized bodies. 163 (ii) The ICANN By-laws vest in the PSO the primary 164 responsibility for developing and recommending 165 substantive policies in the area of protocol parameter 166 assignment. 168 (iii) The PSO is committed to the proposition that policies 169 for parameter assignments for particular protocols are 170 the responsibility of the individual Signing SDO that 171 developed the protocol. 173 (iv) The Protocol Council, and, when requested, ICANN, will 174 be available as needed by the Signing SDOs to develop 175 policies and procedures for conflict resolution between 176 Signing SDOs. 178 (v) Any such policies and procedures will be adopted only 179 with the agreement of all SDOs. 181 (5) Annual Open Meeting. 183 (a) The Protocol Council will periodically convene an open 184 meeting ("General Assembly") for promoting discussion and 185 receiving input regarding the work of the PSO. 187 (b) A General Assembly will be held at least once per year, and 188 will permit open participation by all interested individuals. 189 (c) Each annual General Assembly will be hosted by a Signing SDO 190 in conjunction with one of its major meetings, as determined 191 by the Protocol Council (with an effort to hold no 2 192 consecutive General Assemblies in the same Geographic 193 Region.) 194 (d) It is expected that the major organizations within the 195 Internet protocol standards development community will 196 provide the constituency of the General Assembly. 198 (6) Open Proceedings and Documents. 200 (a) Communications between ICANN and the Protocol Council. All 201 official communications between ICANN and the Protocol 202 Council will be made public on the PSO web site. In the 203 event that ICANN requests that a communication be kept 204 confidential, the Protocol Council will honor this request 205 for a fixed period of time not to exceed one year, and then 206 make the communication public. 208 (b) Protocol Council Proceedings. All meetings of the Protocol 209 Council and official discussions of Protocol Council business 210 will be conducted or reported on a publicly-archived mailing 211 list accessible through the PSO web site. 213 (c) Meeting Announcements. The schedule and agenda for the PSO 214 General Assembly will be posted on the PSO Web Site at least 215 90 days in advance of the meeting date. Notice of Protocol 216 Council meetings will be posted on the PSO Web at least 45 217 days before each physical meeting or fifteen (15) days before 218 any telephonic or other electronic meeting, or such shorter 219 time period agreed upon by each of the Signing SDOs. The 220 minutes from all PSO meetings will be publicly posted on the 221 PSO web site within 30 days of the meeting. 223 (7) Review and Modification of MOU. ICANN and the Signing SDOs will 224 periodically review the results and consequences of their 225 cooperation under this MOU. When appropriate, the signatories 226 will consider the need for improvements in the MOU and make 227 suitable proposals for modifying and updating the arrangements 228 and scope of the MOU. Any modification to the MOU must be 229 approved by all signatories. 231 (8) Standards Development Organizations 233 (a) The initial signatories to this MOU shall include ICANN and 234 the Signing SDOs who have signed below. Each Signing SDO 235 must be an international, Internet-related standards 236 development organization that establishes that it meets the 237 criteria for SDOs set forth below. 239 (i) SDOs must be open, international, voluntary technical 240 standard and technical specification development 241 organizations which: 243 (A) Develop standards and/or specifications for use 244 over the public Internet. 246 (B) Can demonstrate active membership in the IP-related 247 standards and/or specification development process 248 of more than 800 individuals, if individual 249 memberships are used by the organization, or 80 250 companies, if corporate memberships are used by the 251 organization. 253 (C) Has been in operation for 3 or more years at the 254 time of their application. 256 (D) Can demonstrate that there is significant 257 deployment of its standards on the Internet. 259 (E) The significant protocols controlled by the 260 organization can be implemented without paying a 261 licensing fee to the organization. 263 (ii) Open, international, voluntary standards organizations 264 are defined as international organizations that plan, 265 develop or establish voluntary standards. An 266 organization shall be considered open and international 267 if its standards and/or specifications development 268 process is open to any person or organization of any 269 nationality on equitable terms. An organization shall 270 be considered voluntary if it makes no claim to compel 271 use of its standards and specifications. Additionally, 272 to be considered 'international', an organization's 273 voting (or other "full") membership must include 274 individuals or companies primarily located in at least 275 three different Geographic Regions and at least two 276 different countries within each of those Geographic 277 Regions. 279 (b) New Signatories. 281 (i) Any organization that believes it satisfies the SDO 282 qualifications set forth above may apply in writing to 283 the Protocol Council to become a party to this MOU. 284 In order for an organization to become a party to this 285 MOU, all then-existing MOU signatories must agree that 286 such organization qualifies as an SDO. 288 (ii) Rejected applicants can appeal to the ICANN Board, 289 which may override such a rejection if the ICANN Board 290 finds, by at least a two-thirds vote, that the 291 organization meets the SDO criteria set forth above. 293 (iii) Any organization that is accepted as an SDO under this 294 MOU must execute a copy of this MOU, and agree to be 295 bound by all of its terms and conditions, upon which it 296 shall be considered a Signing SDO for all purposes 297 under this MOU. 299 (9) General. This MOU does not constitute any of the parties as 300 a partner, joint venture, agent, principal or franchisee of 301 any other party. The waiver of any provision of this MOU on 302 any occasion shall not constitute a waiver for purposes of 303 any other occasion. No party may transfer or assign any 304 interest, right or obligation arising under this MOU without 305 the prior written consent of each other party to this MOU. 307 IN WITNESS WHEREOF, this Memorandum of Understanding is executed 308 this 14 day of July 1999 by the undersigned, acting through their 309 duly authorized representatives: 311 INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS 312 By: (signature) 313 Name: Michael W. Roberts 314 Title: Interim President / CEO 316 INTERNET ENGINEERING TASK FORCE 317 By: (signature) 318 Name: Fredrick J. Baker 319 Title: Chair, IETF 321 INTERNATIONAL TELECOMMUNATIONS UNION 322 By: (signature) 323 Name: Houlin Zhao, on behalf of Secretary-General of ITU 324 Title: Director, TSB 326 WORLD WIDE WEB CONSORTIUM 327 By: (signature) 328 Name: Henrik Frystyk Nielsen 329 Title: HTTP Activity Lead 331 EUROPEAN TELECOMMUNICATIONS STANDARDS INSITITUTE 332 By: (signature) 333 Name: Bridget Cosgrave 334 Title: Deputy Director General 336 12. Security Considerations 338 This type of non-protocol document does not directly effect the 339 security of the Internet. 341 13. Editor's Address 343 Scott Bradner 344 Harvard University 345 1350 Mass Ave, rm 876 346 Cambridge, MA 347 02138 348 USA 350 phone: +1 617 495 3864 351 sob@harvard.edu