[CCWG-ACCT] Minority statements inclusion in report

[Burr, Becky]

I have no problem providing additional guidance to the drafters:

What does it mean that the language of these agreements are grandfathered?
 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 party¹s right to challenge the other
party¹s interpretation of that language. It does not modify the right of
any party materially affected (as defined in the Bylaws) by an action or
inaction in violation ICANN¹s Bylaws to seek redress through an IRP.  Nor
does it modify the scope of ICANN¹s Mission.



J. Beckwith Burr 
Neustar, Inc. / Deputy
General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
<http://www.neustar.biz>




On 12/1/15, 12:18 PM, "Silver, Bradley" <Bradley.Silver at timewarner.com>
wrote:

>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 party¹s right to challenge
>> the other party¹s interpretation of that language.  Nor does it modify
>> the scope of ICANN¹s 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 party¹s right to
>challenge the other party¹s interpretation of contractual language if
>they think enforcement actions are expanding the scope of ICANN's
>mission.  
>
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