[CCWG-ACCT] Resolution of Mission Language related to regulation and contract

[Gregory, Holly]

Hi Leon,  We are happy to try and assist with this but we need more information:
1.    When you say “new Mission wording” do you mean the wording as currently reflected in the 3rd proposal or do you also include some language from the email discussion?  If the latter, could someone please send us the specific language that is at issue.
2.  We will need information on the kind of provisions that PICs have typically included.  Could ICANN legal provide that information to us?
Kind regards, Holly
HOLLY J. GREGORY
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From: León Felipe Sánchez Ambía [mailto:leonfelipe at sanchez.mx]
Sent: Friday, December 11, 2015 5:11 PM
To: Sidley ICANN CCWG; ICANN-Adler
Cc: Accountability Cross Community; ACCT-Staff (acct-staff at icann.org); Thomas Rickert; Mathieu Weill
Subject: Fwd: [CCWG-ACCT] Resolution of Mission Language related to regulation and contract

Dear Holly, dear Rosemary,

This is to certify the following question to have your advice on it:

bearing in mind the new Mission wording and considering what kind of provisions PICs have typically been included so far, to what extent would similar PICs be consistent with the new Mission and/or what key conditions or legal contours would they need to respect specifically to be consistent with the new Mission.

Please let us know if you need further clarification on the question framing.



Best regards,


León


Inicio del mensaje reenviado:

De: <Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>>
Fecha: 11 de diciembre de 2015, 11:01:16 a.m. GMT-6
Para: <milton at gatech.edu<mailto:milton at gatech.edu>>
Cc: accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>
Asunto: Re: [CCWG-ACCT] Resolution of Mission Language related to regulation and contract

Fair point - perhaps it's my English which is limited.

The question is: bearing in mind the new Mission wording and considering what kind of provisions PICs have typically been included so far, to what extent would similar PICs be consistent with the new Mission and/or what key conditions or legal contours would they need to respect specifically to be consistent with the new Mission.

This would help us to assess the impact of the new Mission wording in more clearer terms.

But surely some native speaker with legal training could improve this phrasing a lot...

regards

Jorge

Von meinem iPhone gesendet


Am 11.12.2015 um 17:19 schrieb Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>>:

Jorge:


I feel it is fair for us to ask for a professional legal assessment of the impact of
these changes.

Of course, no problem with that.
I am merely saying, to get good output from legal advice, your input has to be clear. So we need to know what question are you trying to answer with legal advice? My understanding is that your question is this:


i.e. whether, and to what extent and/or under what
conditions what we know as "PICs" -be it old or new- will be
consistent with the new Mission language being proposed.

To me, this is not an entirely clear question, it seems too open-ended. Can a lawyer tell you whether new PICs will be consistent with the mission statement when they don't know what the new PICs will be? I am saying that your question has to distinguish clearly between old and new PICs.

--MM
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