[CCWG-ACCT] Minority statements inclusion in report

Tue Dec 1 20:44:36 UTC 2015

Do not support. Becky's original wording is better.

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 3:27 PM
To: Mueller, Milton L; Burr, Becky; David Post
Cc: Thomas Rickert; Accountability Cross Community
Subject: Re: [CCWG-ACCT] Minority statements inclusion in report

Suggested tweak -

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 nor anyone else should be able to bring a case that any provisions of such agreements on their face, are ultra vires.  It does not, however, modify any contracting party's right to challenge the other party¹s interpretation of that language. It does not modify the right of any person or entity 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 ICANN's Mission.

-----Original Message-----
From: Mueller, Milton L [mailto:milton at gatech.edu]
Sent: Tuesday, December 01, 2015 3:02 PM
To: Burr, Becky; Silver, Bradley; David Post
Cc: Thomas Rickert; Accountability Cross Community
Subject: RE: [CCWG-ACCT] Minority statements inclusion in report

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<mailto: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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