[CCWG-ACCT] Minority statements inclusion in report

[David Post]

At 03:01 PM 12/1/2015, Mueller, Milton L wrote:
>Acceptable to me, thanks. David? Malcolm?
>--MM

I tried to send a message to the list earlier 
today, but I'm not sure it went through - I'm OK 
with Becky's proposed guidance to the drafters --
David

> > From: Burr, Becky [mailto:Becky.Burr at neustar.biz]
> > Sent: Tuesday, December 1, 2015 12:29 PM
> >
> > 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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David G Post - Senior Fellow, Open Technology Institute/New America Foundation
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