[CCWG-ACCT] FW: Fwd: FW: ICANN Board Comments on Third CCWG-Accountability Draft Proposal on Work Stream 1 Recommendations

Wed Dec 16 12:27:10 UTC 2015

Bruce
I do not really understand your wording
Do you want that ICANN "to seek to control what content domain registrants
may or may not publish on web sites (or other such systems)."?
Pls clarify what really ICANN wants?
If currently they regulate the content, it would contracdict the proposed
language by CCWG in " Mission "
If I understood the proposed language contained in the Mission by CCWG ,IT
SIMPLY SAID
" ICANN is not a regulator,"
> and does not regulate content through these contracts
Further, I do not really follow the logic why we have to devide the Mission
in two parts:
One part a simple and concise mission elements and
Other part Scope of authority of ICANN
Ii AM AFRAID WHATEVER YOU WISH TO MENTION IN THE SECOND PART WOULD HAVE
DIRECT IMPACT ON THE FIRST PART.
By the way, I have noticed that in the past I did send you Meany comments
asking a reply BUT YOU HAVE INTENTIONALLY OR UNINTENTIONALLYY NOT replied
to even one of them. I do not know the reason
The singer or the song
 Regards
Kavouss
Kavouss

2015-12-16 12:30 GMT+01:00 Malcolm Hutty <malcolm at linx.net>:

>
>
> On 16/12/2015 10:27, Bruce Tonkin wrote:
> > Hello Becky,
> >
> > We had recommended splitting the text into a simple mission statement
> > followed by a scope of responsibility.
> >
> > The Mission Statement should be a short and simple statement that
> > conveys what ICANN's purpose is and relates to the specific sector of
> > activities in which ICANN operates.
> >
> > Scope of Responsibilities:  The Board suggests that the purpose of
> > this section is to define ICANN's current scope of responsibilities
> > within its Mission and in service to its Mission. It should describe
> > what ICANN does, not how it does it, and must not change ICANN's
> > existing role because that would have consequences for ICANN's
> > operations, commitments, and responsibility to the Community
>
> Bruce,
>
> I saw this comment, but was uncertain as to the motivation for it.
>
> Do you simply want a nice, short, simple Mission for "marketing and
> communications" purposes? If so, I see no particular difficulty. I can
> see that it might be helpful in some contexts.
>
> However, we also say that the Mission is limited, that ICANN may not act
> outside the Mission, and that part of the IRP's job is to ajudicate on
> whether it has done so (and stop it from doing so), and all this is part
> of Fundamental Bylaws.
>
> If we split "Mission" into two parts, "Mission" and "Scope", are you
> content that all the corresponding changes are made so that the effect
> remains the same. i.e. The Bylaws say that the Scope is limited, that
> ICANN may not act outside the Scope, and that part of the IRP's job is
> to ajudicate on whether it has done so (and stop it from doing so), and
> all this also be part of Fundamental Bylaws?
>
> If we do that, all we've done is a wording change that may be helpful
> for communications. If, on the other hand, you want to move text out of
> the Mission definition into "Scope", but leave the Mission as the basis
> under which a challenge that ICANN has acted ultra vires is considered,
> (with the possibility that ICANN may act outside its Scope without
> recourse) then you are asking for a substantial change to the Mission
> limitation.
>
> I'm uncertain as to which you intend.
>
> Malcolm.
>
>
> >
> > Suitable bylaws language supports the following two principles can be
> > incorporated into the scope of responsibilities: (1) ICANN's entering
> > into and enforcement of Registry and Registrar contracts is an
> > important component of ICANN's work in coordination and allocation of
> > names in the Root Zone of the DNS, and (2) ICANN is not a regulator,
> > and does not regulate content through these contracts.
>
> "does not regulate" -> "shall not regulate".
>
> The latter is a prohibiion; the former is merely an assertion.
>
> > Regards, Bruce Tonkin
> >
> >
> > _______________________________________________
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> > Accountability-Cross-Community at icann.org
> > https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >
>
> --
>             Malcolm Hutty | tel: +44 20 7645 3523
>    Head of Public Affairs | Read the LINX Public Affairs blog
>  London Internet Exchange | http://publicaffairs.linx.net/
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