ICANN has sent a letter to ISOC

[James Gannon]

Not for a proposed transaction no, that would be impossible as you don’t know 30 days in advance if someone is going to propose to buy/sell a company.
Its 30 days notice of the actual transaction closing, which is planned to happen in Q1 2020 so PIR is within compliance for this aspect given the below timeline.

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James Gannon

From: Caleb Olumuyiwa Ogundele <muyiwacaleb at gmail.com>
Date: Tuesday, 10 December 2019 at 16:14
To: James Gannon <lists at icann.guru>
Cc: "NCSG-DISCUSS at LISTSERV.SYR.EDU" <NCSG-DISCUSS at listserv.syr.edu>
Subject: Re: ICANN has sent a letter to ISOC

@James Gannon<mailto:lists at icann.guru> my understanding is that for a proposed transaction to be initiated, ICANN should have gotten the notification first.
However, the blog says otherwise and i quote below.

"The proposed acquisition of Public Interest Registry (PIR) by Ethos Capital was announced on 13 November 2019 by the parties and the Internet Society (ISOC). This announcement has raised many questions. In light of this, we want to be transparent about where we are in the process."
Even though this transaction is proposed, they should have notified ICANN of an intention to...
By the way, even as an ISOC chapter leader, we got to know on the same day ICANN did.
Caleb Ogundele

On Tue, Dec 10, 2019 at 4:55 PM James Gannon <lists at icann.guru> wrote:
The sale is not complete the 30 day requirement is in relation to a completed transaction.

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James Gannon

From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>> on behalf of Caleb Olumuyiwa Ogundele <muyiwacaleb at GMAIL.COM<mailto:muyiwacaleb at GMAIL.COM>>
Reply to: Caleb Olumuyiwa Ogundele <muyiwacaleb at GMAIL.COM<mailto:muyiwacaleb at GMAIL.COM>>
Date: Tuesday, 10 December 2019 at 15:54
To: "NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>" <NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>>
Subject: Re: ICANN has sent a letter to ISOC

What baffles me is the concern on the timeline. For emphasis... The timeline and how ICANN is also trying to protect her image from the body language of the letter and blog. To put in perspective see below:

1. Andrew Sulivan informed ISOC Chapter Delegates on: November 14, 2019

According to the letter published by ICANN general counsel it says:

2. "On 14 November 2019, PIR formally notified ICANN of the proposed transaction. Under the .ORG Registry Agreement, PIR must obtain ICANN’s prior approval before any transaction that would result in a change of control of the registry operator. Typically, similar requests to ICANN are confidential; we asked PIR for permission to publish the notification and they declined our request."

If I understand correctly, this notice should have been filed earlier to ICANN (at least 30 days notice) before making a public notice os such acquisition? I might be miss something here?

The fact that PIR failed to give a prior notice itself is a breach of the agreement to nullify the transaction.

By the way, why did ICANN wait till the pressure was high in the wind before making a public statement?

Caleb Ogundele




On Tue, Dec 10, 2019 at 4:02 PM Sam Lanfranco <lanfran at yorku.ca<mailto:lanfran at yorku.ca>> wrote:
All,
Just For the Record, I have entered the following personal comment into the COMMENTS section for the letter at:   https://www.icann.org/news/blog/org-update


As a stakeholder in the .org community, and member of NCSG/NPOC there are a number of issues that concern me here, but a major one is that while Ethos Capital is making promises about the future, there is no track record for the newly formed Ethos, or evidence of expertise in the registry field by the investors. I would have fewer worries about this change in ownership if (IF!) PIR actually was incorporated as a Benefit Corporation (B Corp), if this sale goes forward. Incorporation as a B Corp (and not just B Lab "Certification") should become a condition of any sale of PIR, to any buyer.
Sam Lanfranco

---- Original Message ----
From: Ayden Férdeline <icann at FERDELINE.COM<mailto:icann at FERDELINE.COM>>
To: NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>
Sent: Tue, Dec 10, 2019, 8:01 AM
Subject: ICANN has sent a letter to ISOC
https://www.icann.org/news/blog/org-update

ICANN has broken its silence, and has published a blog post on .ORG and shared a letter that its General Counsel has sent to the Internet Society today "asking them to please be clear and open in all of their communications."

Ayden Férdeline



--
Ogundele Olumuyiwa Caleb
muyiwacaleb at gmail.com<mailto:muyiwacaleb at gmail.com>
234 - 8077377378
234 - 07030777969


--
Ogundele Olumuyiwa Caleb
muyiwacaleb at gmail.com<mailto:muyiwacaleb at gmail.com>
234 - 8077377378
234 - 07030777969
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