[CCWG-ACCT] Minority statements inclusion in report

Silver, Bradley Bradley.Silver at timewarner.com
Tue Dec 1 17:18:51 UTC 2015


Milton - who is the "other party" in your suggested amendment below? 

-----Original Message-----
From: Mueller, Milton L [mailto:milton at gatech.edu] 
Sent: Tuesday, December 01, 2015 12:13 PM
To: Burr, Becky; David Post; Silver, Bradley
Cc: Thomas Rickert; Accountability Cross Community
Subject: RE: [CCWG-ACCT] Minority statements inclusion in report


> -----Original Message-----
> It means that the parties who entered into existing contracts intended 
> (and
> intend) to be bound by those agreements.  It means that neither a 
> contracting party or anyone else should be able to bring a free 
> standing case that the language, without context, is ultra vires.  It 
> does not, however, modify any contracting party’s right to challenge 
> the other party’s interpretation of that language.  Nor does it modify 
> the scope of ICANN’s Mission.

This is reassuring, Becky, but I want it to be clear.

Are you willing to add to the current report the following language: 

The grandfathering statement, however, cannot be used to modify the scope of ICANN's mission nor to modify any contracting party’s right to challenge the other party’s interpretation of contractual language if they think enforcement actions are expanding the scope of ICANN's mission.  


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