[CCWG-ACCT] Mission Statement language regarding grandfathering

[David Post]

That looks like what we had agreed on ...

David

At 10:16 AM 12/4/2015, Burr, Becky wrote:

>I want to circulate what I believe is the agreed 
>upon language regarding grandfathering, just to 
>make sure we are all on the same page.  Not 
>quite sure how we will be handling 
>post-publication changes like this – we will 
>probably need to discuss on the next CCWG 
>call.  But in the meanwhile, I want to capture the state of our discussion.
>
>
>3.     For the avoidance of uncertainty, the 
>language of existing registry agreements and 
>registrar accreditation agreements should be 
>grandfathered.  This 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.
>
>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 
>/ <http://www.neustar.biz>neustar.biz
>_______________________________________________
>Accountability-Cross-Community mailing list
>Accountability-Cross-Community at icann.org
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David G Post - Senior Fellow, Open Technology Institute/New America Foundation
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