[CCWG-ACCT] Minority statements inclusion in report

Mueller, Milton L milton at gatech.edu
Tue Dec 1 20:01:39 UTC 2015


Acceptable to me, thanks. David? Malcolm?
--MM

> -----Original Message-----
> From: Burr, Becky [mailto:Becky.Burr at neustar.biz]
> Sent: Tuesday, December 1, 2015 12:29 PM
> To: Silver, Bradley; Mueller, Milton L; David Post
> Cc: Thomas Rickert; Accountability Cross Community
> Subject: Re: [CCWG-ACCT] Minority statements inclusion in report
> 
> 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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