[CCWG-ACCT] Mission Statement language regarding grandfathering

Alan Greenberg alan.greenberg at mcgill.ca
Fri Dec 4 16:04:59 UTC 2015


Becky, the current registry agreement is 
renewable every 10 years. Does this term impact 
the ability of ICANN and registry to renew an existing contract.

Related to this, the RAA is alterable by 
negotiation between the parties. Does this term 
alter tha ability of ICANN and Registrars to 
continueto use terms in the contract which are not subject to Spec 4?

Alan

At 04/12/2015 10:16 AM, 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
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>Accountability-Cross-Community at icann.org
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