[CCWG-ACCT] Fwd: [CCWG-Advisors] question regarding Global Public Interest

Sat Dec 26 08:40:50 UTC 2015

Dear All,
I also fully agree with Milton.
If we remember, at the beginning of our work we attempted to find a possible description , and not definition as there would  be no   Universally agreed definition for GPI, we concluded that we better not to follow that path.
It is waste of time to re-start such useless work again thus question to lawyer MUST BE WITHDRAWN. If , and only if , the Lawyers find some thing , that does not mean that we have to accept that just because it comes from lawyers.
The GPI is one of the most complex and multidimensional as well as cross cutting cultural issue that will take us no where.
The board MUST provide the basis under which it reject a given Rec. or part if the Rec. since we the CCWG do not hsve and certainly will not have an agreed definition for GPI.
The CCWG must clearly mentions to ICANN Board that have serious concerns to accept rejection of any Rec. or part of  a Rec. on the ground of being in contradiction of GPI for which there is no definition.
We SHALL NOT waste it time to define that nor accept any rejection by the Board on the ground of non- existence definition.
We should all stop any imposition of any action from any source
Kavouss     

Sent from my iPhone

> On 26 Dec 2015, at 07:52, Greg Shatan <gregshatanipc at gmail.com> wrote:
> 
> I agree with Milton (and Alan).
> 
> Greg
> 
>> On Friday, December 25, 2015, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:
>> I find myself agreeing completely with Milton.
>> 
>> Alan 
>> -- 
>> Sent from my mobile. Please excuse brevity and typos.
>> 
>>> On December 25, 2015 8:46:35 PM EST, "Mueller, Milton L" <milton at gatech.edu> wrote:
>>> MM: Thomas and all:
>>> 
>>> I appreciate your pushback on the board’s comments, but I think it is not helpful for the discussion to center on “definition of the global public interest.”
>>> 
>>> There is no definition, and even if we come up with some mutually acceptable verbal construction of what is in “the global public interest” there never will be easy agreement on how that definition is applied to  any particular issue we have.
>>> 
>>> For example, we may all agree that it is in the GPI for ICANN to be transparent, but still might disagree on finding the appropriate trade off between inspection rights and administrative burdens.
>>> 
>>> Let’s just accept the fact that the board has an interest in protecting the corporation and will argue from that perspective, and the rest of us have an interest in making the board accountable to the community and will assess issues from that perspective.
>>> 
>>> When (or if – because it has not formally done so yet) the board votes that a particular recommendation is not in the GPI, let’s just interpret that as meaning the board doesn’t like it and won’t voluntarily go along with it. Then we have to decide whether to ignore that challenge and press ahead, or not.
>>> 
>>> Nothing in gained in that interaction by coming up with a verbal definition of GPI. But a lot of time could be wasted in the attempt.
>>> 
>>> --MM
>>> 
>>> 
>>>  
>>> 
>>> 
>>>  
>>> 
>>> We have asked the Board to provide information on what definition of the Global Public Interest it has used and what the rationale for their current assessment of our recommendations is. The answer to that question is still pending.
>>> 
>>> However, we are reaching out to you now as we want to understand better the impact of Global Public Interest as we continue to work on our final recommendations. Our plan is to offer explanations in our final report where we speak to the Global Public Interest and why we are of the opinion that our recommendations in their final form are in the Global Public Interest.
>>> 
>>> We would therefore appreciate your input at your earliest convenience on
>>> 
>>> 1.      suggested definition(s) of the Global Public Interest that our group could use;
>>> 
>>> 2. which of the recommendations in our 3rd report, if any, give raise Global Public Interest concerns according to your assessment; and
>>> 
>>> 3. how you suggest we can resolve the Global Public Interest issues, which are identified.
>>> 
>>> Thank you very much,  kind regards and a great holiday season, 
>>> Mathieu Weill, Léon Sanchez, Thomas Rickert
>>> 
>>>  
>>> 
>>> Thomas Rickert
>>> 
>>> Rechtsanwalt
>>> 
>>> tel: +49.228.74 898.0
>>> fax: +49.228.74 898.66
>>> email: thomas at rickert.net
>>> web: rickert.net
>>> 
>>>  
>>> 
>>> 
>>> 
>>> RICKERT Rechtsanwaltsgesellschaft m.b.H. (i.e. law firm)
>>> Kaiserplatz 7 - 9, 53113 Bonn, Germany
>>> HRB 9262, AG Bonn - GF/CEO: Thomas Rickert
>>> 
>>>  
>>> 
>>> _______________________________________________
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>>> CCWG-Advisors at icann.org
>>> https://mm.icann.org/mailman/listinfo/ccwg-advisors
>>> 
>>>  
>>> 
>>> 
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