[CCWG-ACCT] Minority statements inclusion in report

Mueller, Milton L milton at gatech.edu
Tue Dec 1 19:59:59 UTC 2015


Whoever is proposing the ultra vires enforcement action

> -----Original Message-----
> From: accountability-cross-community-bounces at icann.org
> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
> Silver, Bradley
> Sent: Tuesday, December 1, 2015 12:19 PM
> To: Mueller, Milton L; Burr, Becky; David Post
> Cc: Thomas Rickert; Accountability Cross Community
> Subject: Re: [CCWG-ACCT] Minority statements inclusion in report
> 
> 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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