[CCWG-ACCT] Who is managing the lawyers and what have they beenasked to do?

Greg Shatan gregshatanipc at gmail.com
Tue Jul 7 03:34:37 UTC 2015


Alan,

What are the specific reasons that the ALAC would opt not to be a member,
if a membership model were adopted?  Have our lawyers been asked to respond
to these reasons?

Greg

On Tue, Jul 7, 2015 at 12:00 AM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

>  Among the problems with Membership is that there are strong indications
> that several AC/SOs will not sign on as members (the ALAC is among them)
> leaving the possibility of very few members, and those members (or quite
> possibly member) would have the statutory power to unilaterally and
> irreversibly dissolve the corporation, and the IANA Names stewardship along
> with it.
>
> You might ask, "Why would they do that?" and I have no clue. But if we are
> determined to consider world with a rogue Board with not a single Board
> member who is objecting, then a rogue SO cannot be off the radar either.
>
> Alan
>
>
>
> At 06/07/2015 09:01 PM, you wrote:
>
> Hello Avri,
>
>  I believe membership raises the issues of accountability to the full diversity
> of stakeholders to a much higher threshold, including the issue of the
> degree to which ICANN is accountable to stakeholders not included among
> our SG/C/RALO/ALS / as well as among parrticpating CCs and govts.
>
>
>
> Please, if possible, raise your concerns stating fact rather than belief.
> Maybe there is something I have missed. There is absolutely no difference
> in the openness to non ICANN stakeholders between the empowered membership
> and empowered designator models. At least I don't see any. Both are based
> upon the current SOAC's. If there is a difference in this area  I need to
> and want to be educated. Please respond with specific and detailed
> instances or examples of why what you claim is true is. Vague generalities
> are not particularly helpful. Again, I am open to be educated and persuaded
> but with substantive fact rather than vague as yet unsubstantiated beliefs.
>
> No model is as open to non SOAC's as is Malcolm's proposal for individual
> membership. That, again, is a membership model. Do you support this open
> membership model and if not why not? Would you prefer other models to be
> looked at that are not based upon the SOAC's? I think that would be a very
> reasonable position and one I certainly am open to supporting if a workable
> model would be proposed. As yet I have not seen one. Have you? Should we
> try to find one?
>   I think enough of the comments bring out questions of accountability in a
> mebership organization to make the membership option less than optimal.
>
>
>
> What comments are you referring to? Certainly not the public comments
> which were basically supportive of membership. Are these comments you refer
> to  based upon vague generalities or specific problems? If there are
> specific problems what specifically are they? Should we not determine
> whether there are solutions to those problems rather than just dismissing
> the model outright? If not, what are your views as to the ultimate apparent
> unenforceability of the designator model in certain areas? Do you disagree
> with Paul Rosenzweig when he states that "a direct community veto of budget
> and strategic plan remains essential to accountability"? If not, what do
> you propose to do in these areas without membership. Should we simply
> forget them?
>
> I do think there may be another option or two out there and hopefully
> working with our counsel we'll find them.
>
> In the interim,  I really am looking to be educated. No one has taught me
> more about ICANN since I became involved in it than you Avri. I'm just not
> easily persuadable by vague opinions, I'm a fact based sort of guy. As this
> process has moved forward I've seen your views and positions change. To me,
> that is an admirable  sign of someone truly looking for an optimal answer
> rather than one who is clinging to a defined position. I'm just having some
> trouble understanding, factually,  the specific objections you are now
> raising about membership. I hope you can help me understand so I can better
> test and evaluate my own views..
>
> Thanks,
>
> Ed
>
>  On 06-Jul-15 19:05, Edward Morris wrote: > +1. Well said. > > > On Mon,
> Jul 6, 2015 at 9:04 PM, Jonathan Zuck <JZuck at actonline.org > <
> mailto:JZuck at actonline.org <JZuck at actonline.org>>> wrote: > >  Hmm. I
> think it’s important to bear in mind that there was >  overwhelming
> consensus among the public comments to support the >  membership model.
> The detractors from the model, while important >  and perhaps critical,
> are not in the majority. I’m not sure this >  process speaks to how we
> better use counsel as much as how we >  achieve consensus on principles. >
> > > > > > >  *From:* accountability-cross-community-bounces at icann.org >  <
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>> >  [mailto:
> accountability-cross-community-bounces at icann.org >  <
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>>] *On >  Behalf Of
> *Seun Ojedeji >  *Sent:* Monday, July 6, 2015 3:50 PM >  *To:* Becky Burr >
> *Cc:* accountability-cross-community at icann.org >  <
> mailto:accountability-cross-community at icann.org
> <accountability-cross-community at icann.org>> >  *Subject:* Re: [CCWG-ACCT]
> Who is managing the lawyers and what >  have they beenasked to do? > > > >
> Hi Becky, > >  Thanks for asking, item 3 is actually in connection to the
> fact >  that such veto may not be possible without item 1(as I understood >
> it) and that is why I said an indirect veto can happen not that I >  was
> entirely suggesting that those powers be off the table. > >  It seem
> however that folks are only looking at the powers and not >  at what it
> will take to have them. > >  By the way, I also did put in a reservation
> that we may not >  necessarily agree with those views but my concern is
> mainly that >  the ccwg does not spend so much time developing proposals
> that we >  know has certain implementation requirements that are not >
> compatible with the ICANN community structure. I think we should >  learn
> from the the past (based on comments from the last PC) and >  utilize
> legal council and volunteer hours more effectively. > >  FWIW speaking as
> participant. > >  Regards > >  On 6 Jul 2015 8:08 pm, "Burr, Becky" <
> Becky.Burr at neustar.biz >  < mailto:Becky.Burr at neustar.biz
> <Becky.Burr at neustar.biz>>> wrote: > >       Seun, > > > >       I am not
> sure why we would take direct budget/strat plan veto >       off the
> table.  Could you explain? Thanks. > > > >       Becky > >       J.
> Beckwith Burr > >       *Neustar, Inc. /* Deputy General Counsel and
> Chief Privacy Officer > >       1775 Pennsylvania Avenue NW, Washington,
> DC 20006 > >       Office: + 1.202.533.2932 <tel:%2B%201.202.533.2932>
> Mobile: >       +1.202.352.6367 >       <tel:%2B1.202.352.6367>  /
> becky.burr at neustar.biz >       < mailto:becky.burr at neustar.biz
> <becky.burr at neustar.biz>> / www.neustar.biz >       <
> http://www.neustar.biz> > > > >       *From: *Seun Ojedeji <
> seun.ojedeji at gmail.com >       < mailto:seun.ojedeji at gmail.com
> <seun.ojedeji at gmail.com>>> >       *Date: *Monday, July 6, 2015 at 11:09
> AM >       *To: *Robin Gross <robin at ipjustice.org >       <
> mailto:robin at ipjustice.org <robin at ipjustice.org>>> >       *Cc:
> *Accountability Community >       <
> accountability-cross-community at icann.org >       <
> mailto:accountability-cross-community at icann.org
> <accountability-cross-community at icann.org>>> >       *Subject: *Re:
> [CCWG-ACCT] Who is managing the lawyers and >       what have they
> beenasked to do? > > > >       Hi, > >       I have no problem with
> having a new proposal presented. >       However it is important that
> there some adherence to basic >       principles on proposals that the
> ccwg would not want to >       explore. Three areas comes to mind: > >
> - Its my understanding that anything that will turn some/all >       of
> the SO/AC to members and thereby exposing them to legal >       challenge
> is not acceptable > >       - Its my understanding that anything that
> allows removal of >       individual board member without the approval of
> the entire(or >       larger part) of the community is not acceptable > >
> - Its my understanding that a solution that allows direct >
> community veto on certain elements like budget, strategic plan >       et
> all is not acceptable but an indirect enforcement could be >
> considered (i.e using a power to get another power executed >
> indirectly) > > > >       Some/none of the above may be acceptable by us,
> but my point >       is that there should be some focus going forward,
> especially >       if the target of ICANN54 is to be meet > >
> Regards > > > > > >       On Mon, Jul 6, 2015 at 3:37 PM, Robin Gross >
> <robin at ipjustice.org < mailto:robin at ipjustice.org <robin at ipjustice.org>>>
> wrote: > >          I would also like to hear what they propose at this >
>      stage.  I really don't see how it could hurt to have >
> another proposal to consider.  Larry Strickling did say he >
> wanted us to be sure we examined all the options carefully. > > > >
>    Thanks, > >          Robin > > > >          On Jul 6, 2015, at 7:32
> AM, Greg Shatan wrote: > > > >             I agree.  We should have the
> benefit of their thoughts. > > > >             Greg > > > >
> On Mon, Jul 6, 2015 at 9:38 AM, Jordan Carter >             <
> jordan at internetnz.net.nz >             < mailto:jordan at internetnz.net.nz
> <jordan at internetnz.net.nz>>> wrote: > >                Well, I would
> really really like to see what the >                creative thinking
> they have done has suggested. I >                trust our ability as a
> group to make decisions, >                and do not believe we should
> cut off input from >                any direction... > > > >
>    Jordan > > > >                On 7 July 2015 at 01:13, James Gannon >
>            <james at cyberinvasion.net >                <
> mailto:james at cyberinvasion.net <james at cyberinvasion.net>>> wrote: > >
>               Hey Avri, > > > >                   Yes the 3rd model was
> brought up, and the >                   lawyers feel that it might be a
> cleaner way >                   for us to get the powers that we need. > >
>               But without a call from the CCWG to present it >
>         they feel that its not their position to >
> propose a model on their own initiative. > > > >
> Personally i would like to see what they have >                   come up
> with but the CCWG would need to ask as >                   an overall
> group for the chairs to direct them >                   to give some more
> information on the model if >                   we wanted it. > >
>             I think if after we hear from them on Tuesdays >
>       call we still feel we might have some >
> shortcomings that it might be the time to ask >                   them
> about the 3rd option. > > > >                   Also +1 I think they are
> really enjoying the >                   work and are finding themselves
> getting more >                   and more involved as we go on, which is
> great >                   for the CCWG as the more background and >
>             details they know the better that are able to >
>       give us solid well reasoned advice in my opinion. > > > >
>         -James > > > > > >                      On 6 Jul 2015, at 13:19,
> Avri Doria >                      <avri at acm.org <mailto:avri at acm.org
> <avri at acm.org> >> wrote: > > > >                      Hi, > >
>          I have not had a chance to get back to the >
>    recording of the  call.  Not >                      sure I will, that
> time was the time I had >                      for that call and that is
> why >                      i was listening then. > >
> In any case, the lawyers were talking >                      about a new
> model they had come up >                      with, but not knowing what
> to do about it >                      since they had not been asked >
>                  for a new model. > >                      I was told to
> leave before I got to hear >                      the end of that story.
> Or about >                      the model itself.  Anyone who has had a >
>                  chance to listen, whatever happened? > >
>      avri > >                      ps. sometimes i think the lawyers are >
>                  getting interested in what we are >
> doing, almost like stakeholders. not that >                      i expect
> them to give up their >                      hourly rates because they
> are stakeholders. > >                      On 06-Jul-15 05:07, James
> Gannon wrote: > > >                         I listened to the last
> co-chairs >                         lawyers’ call at; >
>         https://community.icann.org/pages/viewpage.action?pageId=53782602 >
>                     <
> https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_pages_viewpage.action-3FpageId-3D53782602&d=AwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=rX8zWSdUbF0XJ6RQyX5HABE7NaQIgAXHj6WfvEXkLh8&s=5REzt6Gk0Mt5evnhe_F8O87Kpc4hX8wql7vP--WYsnQ&e=
> > >                         (I’m a glutton for punishment) > > > >
>                     It was a short call and I’ll make a >
>             particular note that Leon and >
> Mathieu made a point of not making any >
> decisions on behalf of the >                         whole group and made
> it clear anything >                         requiring a decision must be >
>                     made by the overall CCWG, so I was >
>         happy with that side of things >                         myself,
> most of my own fears about not >                         having a
> sub-group are somewhat >                         assuaged. > >
>               So my paraphrasing and overview is: > > > >
>         ·        Lawyers working hard on the >
> models for us collaboratively >                         between the two
> firms since BA > >                         ·        Lawyers are prepping
> a >                         presentation to give to us ASAP >
>             before Paris if possible, that >
> presentation will take the majority of >                         a call,
> it can’t be done quickly, they >                         need about
> 45mins uninterrupted >                         to go through the
> presentation and >                         then would likely need Q&A
> time >                         after they present. > >
>       ·        Some small >
> wording/clarifications to come back to >                         the CCWG >
>                     to make sure everyone’s on the same page > >
>                   ·        Everyone feels Paris will be >
>             an important time for the >                         models,
> lawyers will be ready for a >                         grilling on the
> details of the >                         models from us to flesh out any
> of our >                         concerns/questions > > > >
>             Note that the above is all my very >
> condensed overview of the >                         conversations. > >
>                     It seemed like a productive call to me. > > > >
>                   -James > > > > > >                         *From:*
> accountability-cross-community-bounces at icann.org >
>       < mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>> >
>       [mailto: accountability-cross-community-bounces at icann.org >
>                   <
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>>] >
>       *On Behalf >                         Of *Greg Shatan >
>             *Sent:* Monday, July 06, 2015 5:33 AM >
>       *To:* Carlos Raul >                         *Cc:* >
>         accountability-cross-community at icann.org >
>       < mailto:accountability-cross-community at icann.org
> <accountability-cross-community at icann.org>> >
> *Subject:* Re: [CCWG-ACCT] Who is >                         managing the
> lawyers and what have >                         they beenasked to do? > > >
> >                         Carlos, > > > >                         As the
> legal sub-team was disbanded, >                         your guess is as
> good as mine..... > > > >                         Greg > > > >
>               On Mon, Jul 6, 2015 at 12:27 AM, >
> Carlos Raul <carlosraulg at gmail.com >                         <
> mailto:carlosraulg at gmail.com <carlosraulg at gmail.com>> >
>       < mailto:carlosraulg at gmail.com <carlosraulg at gmail.com>>> wrote: > >
>                     Thank you Greg! > > > >                         It
> makes a lot of sense and I guess >                         those are all
> good reasons as >                         we hired them in the first
> place. >                         What are the next steps now? >
>               What happened in the recent call? > > > >
>       Best regards > > > > >                         Carlos Raúl
> Gutiérrez > >                         +506 8837 7176 >
>       <tel:%2B506%208837%207176> >
> <tel:%2B506%208837%207176> > >                         Skype carlos.raulg >
> >                         _________ > >                         Apartado
> 1571-1000 > >                         *COSTA RICA* > > > > > >
>               On Mon, Jul 6, 2015 at 12:02 AM, >
> Greg Shatan >                         <gregshatanipc at gmail.com >
>                   < mailto:gregshatanipc at gmail.com
> <gregshatanipc at gmail.com>> < mailto:gregshatanipc at gmail.com
> <gregshatanipc at gmail.com>>> >                         wrote: > >
>                       Chris, > > > >                             That was
> tried to some extent, >                         at least in the CWG. > > >
> >                             There are several substantial >
>             problems with that approach. > > > >
>     First, lawyers are not >                         fungible.  The
> particular legal skills, >                             background and
> experience >                         required for the issues before both >
>                         WGs are fairly specific, and in >
>         some cases, very specific. >                             The
> primary core competency >                         needed here is
> corporate >                             governance.  While a number of >
>                     lawyers in the community have a >
>           reasonable working knowledge of >                         the
> area, at least in their >                             home jurisdictions,
> I don't >                         believe there are any who would >
>                       say that this is their primary >
>       focus and expertise -- at least >                             none
> who identified themselves >                         to either WG.  The
> second core >                             competency required, especially >
>                     in the CCWG, is non-profit >
>     law. Again there are a number >                         of lawyers
> with a decent working >                             knowledge of this
> fairly broad >                         field, but not as a primary >
>                         focus.  There may be a couple >
>       of lawyers in the community who >                             would
> claim this fairly broad >                         field as a primary
> focus and >                             expertise -- but none who >
>                   became involved with either WG. >
>       This then becomes further >                         narrowed by
> jurisdiction.  Since >                             ICANN is a California >
>                     non-profit corporation, US corporate >
>                 governance and non-profit >
> experience is more relevant than >                             experience
> from other >                         jurisdictions, and California law >
>                         corporate governance and >
>       non-profit experience is more >
> relevant than that from other >                         US
> jurisdictions.  In my >                             experience, the more
> a US >                         lawyer focuses on a particular >
>                   substantive area, the greater >
> their knowledge of and comfort >                             with state
> law issues in US >                         state jurisdictions other than >
>                         their own (e.g., someone who >
>       spend a majority of their time >
> working in corporate governance >                         will have a
> greater knowledge >                             of the law, issues,
> approaches >                         and trends outside their >
>                   primary state of practice, >
> while someone who spends a >                             relatively small
> amount of time >                         in the area will tend to feel >
>                         less comfortable outside their >
>         home jurisdiction).  (An >                             exception
> is that many US >                         lawyers have specific knowledge
> of >                             certain Delaware corporate law >
>                   issues, because Delaware often >
>       serves as the state of >                         incorporation for
> entities operating >                             elsewhere.) > > > >
>                         Second, lawyers in the >
> community will seldom be seen as >                             neutral
> advisors, no matter how >                         hard they try.  They
> will tend >                             to be seen as working from >
>                     their point of view or stakeholder >
>             group or "special interest" or >
> desired outcome, even if they >                             are trying to
> be even-handed. >                         Over the course of time, this >
>                         balancing act would tend to >
>       become more untenable. > > > >                             Third,
> the amount of time it >                         would take to provide
> truly >                             definitive legal advice >
>             (research, careful drafting, >
> discussions with relevant >                         "clients", etc.)
> would be >                             prohibitive, even compared to >
>                     the substantial amount of time >
>           it takes to provide reasonably >
> well-informed and competent >                             legal-based
> viewpoints in the >                         course of either WG's work. > >
> > >                             Fourth, in order to formally >
>               counsel the community, the lawyer >
>     or lawyers in question would >                         have to enter
> into a formal >                             attorney-client relationship. >
>                     Under US law, an >
> attorney-client relationship >                         may inadvertently
> be created by >                             the attorney's actions, so >
>                     attorneys try to be careful about >
>           not providing formal legal >                         advice
> without a formal engagement >                             (sometimes
> providing an >                         explicit "caveat" if they feel
> they >                             might be getting too close to >
>                   providing legal advice).  If the >
>           attorney is employed by a >
> corporation, they would likely be >                             unable to
> take on such a >                         representation due to the terms
> of >                             their employment, and that is >
>                   before getting to an exploration >
>           of conflict of interest >                         issues.  If
> the attorney is employed >                             by a firm, the
> firm would have >                         to sign off on the >
>                   representation, again dealing >
> with potential conflict issues. > > > >
> Fifth, even if the above issues >                         were all
> somehow resolved, it >                             would be highly
> unlikely that >                         any such attorney would provide >
>                         substantial amounts of advice, >
>         written memos, counseling, etc. >                             on
> a pro bono (unpaid) basis, >                         especially given the >
>                         time-consuming nature of the >
>       work.  Pro bono advice and >
> representation is generally >                         accorded to
> individuals and >                             entities that could not >
>                     otherwise be able to pay for it.  That >
>                 is clearly not the case here, >
> at least with ICANN taking >                             financial
> responsibility.  It >                         would likely be very
> difficult >                             to justify this to, e.g., a >
>                     firm's pro bono committee, as a >
>           valid pro bono representation. > > > >
>     Sixth, if ICANN were not taking >                         the role
> they are taking, it >                             would be extremely
> difficult to >                         identify the "client" in this >
>                         situation.  The "community"  is >
>         a collection of sectors, >                             mostly
> represented by various >                         ICANN-created
> structures, which >                             in turn have members of
> widely >                         varying types (individuals, >
>                   corporations, sovereigns, >
> non-profits, IGOs, partnerships, >                             etc.).
> This would also make it >                         extremely difficult to
> enter >                             into a formal counseling >
>               relationship with the "community." > > > >
>             Seventh, this is a sensitive, >
> high-profile, transformative set >                             of actions
> we are involved in, >                         which is subject to an >
>                         extraordinary amount of >
> scrutiny, not least that of the NTIA >                             and
> the US Congress.  That >                         eliminates any
> possibility of >                             providing informal, >
>                   off-the-cuff, reasonably well-informed but >
>                   not quite expert, "non-advice" >
>       advice -- which might happen in >                             a
> more obscure exercise. >                         There's simply too much
> at stake. > > > >                             Finally, I would say that a >
>                     number of attorneys involved in >
>           one or both of the WGs are in >                         fact
> providing a significant >                             amount of legal
> knowledge and >                         experience to the WGs, helping >
>                         to frame issues, whether in >
>       terms of general leadership (e.g., >
> Thomas, Leon, Becky) or more >                         specifically in a >
>                         "lawyer-as-client" capacity -- >
>         working with outside counsel, >
> tackling the more legalistic >                         issues, providing
> as much legal >                             background and knowledge as >
>                     possible without providing the >
>           type of formal legal advice >                         that
> would tend to create an >                             attorney-client
> relationship, >                         etc.  So I do think that many >
>                         lawyers in the community are >
>       giving greatly of themselves in >                             this
> process, even though they >                         cannot and would not
> be able to >                             formally be engaged by the >
>                     community as its "counsel of record." > > > >
>                       In sum, it might be a nice >
>       thought in theory, but it is no way >                             a
> practical possibility. > > > >                             Greg > > > >
>                         On Sat, Jul 4, 2015 at 3:08 AM, >
>         CW Lists >                             <
> lists at christopherwilkinson.eu >                         <
> mailto:lists at christopherwilkinson.eu <lists at christopherwilkinson.eu>> >
>                         < mailto:lists at christopherwilkinson.eu
> <lists at christopherwilkinson.eu>>> >                         wrote: > >
>                           Good morning: > > > >
>       I had decided not to enter >                         this debate.
> But I am bound to >                               say that the thought
> had >                         occurred to me at the time, that >
>                         there were more than enough >
>       qualified lawyers in this >                               community
> that they could >                         perfectly well have counselled
> … >                               themselves. > > > >
>             CW > > > >                               On 04 Jul 2015, at
> 08:41, >                         Greg Shatan >
>       <gregshatanipc at gmail.com >                         <
> mailto:gregshatanipc at gmail.com <gregshatanipc at gmail.com>> <
> mailto:gregshatanipc at gmail.com <gregshatanipc at gmail.com>>> >
>                   wrote: > > > >
> Wolfgang, > > > >                                   To your first point, >
>                     the billing rates were clearly >
>                 stated in the law >                         firms'
> engagement letters. > > > >                                   To your
> second point, >                         I'm sure we could all think of >
>                               other projects and >
>       goals where the money could have >
>     been "better spent." >                         You've stated yours.
> But that >                                   is not the proper >
>                   test.  This was and continues to be >
>                 money we need to spend >                         to
> achieve the goals we have >                                   set.  Under
> different >                         circumstances, perhaps it would >
>                               be a different amount >
>       (or maybe none at all).  But it >
> was strongly felt at >                         the outset that the group
> needed >                                   to have independent >
>                   counsel.  Clearly that counsel >
>             needed to have >                         recognized expertise
> in the appropriate >                                   legal areas.  As
> such, >                         I believe we made excellent >
>                       choices and have been >
> very well represented. > > > >                                   As to
> your "better >                         spent" test, I just had to have >
>                               $4000.00 worth of >
> emergency dental work done.  This >
> money definitely could >                         have been "better spent"
> on a >                                   nice vacation, >
>         redecorating our living room or on >
>       donations to my favored >                         charitable
> causes.  But I had >                                   no choice, other
> than >                         to choose which dentist and >
>                       endodontist I went to, >
> and I wasn't going to cut >                                   corners --
> the dental >                         work was a necessity. >
>                       Similarly, the legal >                         work
> we are getting is a >                                   necessity and
> whether >                         we would have preferred to spend >
>                               the money elsewhere is >
>       not merely irrelevant, it is an >
> incorrect and >                         inappropriate proposition.  Many
> of us >                                   are investing vast >
>               quantities of time that could be >
>           "better spent" >                         elsewhere as well, but
> we are willing >                                   (grudgingly sometimes) >
>                     to spend the time it takes to >
>             get it right, because >                         we believe it
> needs to be done. >                                   This is the
> appropriate >                         measure, whether it comes to >
>                               our time or counsels' >
>       time.  If we believe in this >
> project, we have to >                         invest in it, and do what
> it takes >                                   to succeed. > > > >
>                             Of course, this >
> investment has to be managed wisely >
> and cost-effectively, >                         and by and large, I
> believe the >                                   CCWG has done that >
>                     reasonably well -- not perfectly, >
>                 but reasonably well and >                         with
> "course corrections" >                                   along the way
> intended >                         to improve that management. >
>                             It's certainly fair to >
>       ask, as Robin has done, for a >
> better understanding of >                         that management as we
> go >                                   along.  But asserting >
>               that the money could have been >
>           "better spent" >                         elsewhere sets up a
> false test that we >                                   should not use to >
>                     evaluate this important aspect of >
>                 our work.  Instead, we >                         need to
> focus on whether the >                                   money was "well
> spent" >                         on these critical legal >
>                       services. If you have >
> reason to believe it was not, >                                   that
> could be useful to >                         know.  That would at least
> be >                                   the right discussion to >
>                   have. > > > >                                   Greg > >
> > >                                   On Sat, Jul 4, 2015 at >
>               1:13 AM, "Kleinwächter, >
>     Wolfgang" >                                   <
> wolfgang.kleinwaechter at medienkomm.uni-halle.de >                         <
> mailto:wolfgang.kleinwaechter at medienkomm.uni-halle.de
> <wolfgang.kleinwaechter at medienkomm.uni-halle.de>> >
>             < mailto:wolfgang.kleinwaechter at medienkomm.uni-halle.de
> <wolfgang.kleinwaechter at medienkomm.uni-halle.de>>> >
>                 wrote: > >                                     HI, > >
>                                 and please if you >
>       ask outside lawyers, ask for the >
>       price tag in >                         advance. Some of the money
> spend fo >                                     lawyers could have >
>                   been spend better to suppport >
>             and enable Internet >                         user and
> non-commercial groups >                                     in developing >
>                     countries. > > >
> Wolfgang > > > > > >
> -----Ursprüngliche >                         Nachricht----- >
>                           Von: >
> accountability-cross-community-bounces at icann.org >
>       < mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>> >
>                   <
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>> >
>                   im Auftrag von >                         Robin Gross >
>                                 Gesendet: Fr >
> 03.07.2015 14:57 >                                     An:
> accountability-cross-community at icann.org >                         <
> mailto:accountability-cross-community at icann.org
> <accountability-cross-community at icann.org>> >
>         < mailto:accountability-cross-community at icann.org
> <accountability-cross-community at icann.org>> >
>         Community >                                     Betreff: >
>                   [CCWG-ACCT] Who is managing the lawyers >
>                         and what have they >
> beenasked to do? > > >                                     After the
> legal >                         sub-team was disbanded, I haven't >
>                               been able to follow >
>       what communications are >
> happening with CCWG >                         and the independent lawyers
> we >                                     retained. > >
>                   I understand the >                         lawyers are
> currently "working on >                                     the various
> models" >                         and will present something to >
>                               us regarding that >
> work soon.  However, *what >                                     exactly*
> have the >                         lawyers been asked to do and >
>                               *who* asked them? >
>         If there are written >
> instructions, may >                         the group please see them?
> Who >                                     is now taking on >
>             the role of managing the outside >
>             attorneys for this >                         group, including
> providing >                                     instructions and >
>                   certifying legal work? > >
>         Sorry, but I'm >                         really trying to
> understand what is >                                     happening, and >
>                     there doesn't seem to be much >
>               information in the >                         public on this
> (or if there is, >                                     I can't find it). >
>                     Thanks for any information >
>             anyone can provide. > >
> Best, >                                     Robin > >
>                   _______________________________________________ >
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> > > > > > > >                -- > >                Jordan Carter > >
>            Chief Executive >                *InternetNZ* > >
>    04 495 2118 (office) | +64 21 442 649 >
> <tel:%2B64%2021%20442%20649> (mob) >
> jordan at internetnz.net.nz >                <
> mailto:jordan at internetnz.net.nz <jordan at internetnz.net.nz>> >
>    Skype: jordancarter > >                /A better world through a
> better Internet / > > >
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> > > > > > >       -- > >
> ------------------------------------------------------------------------ >
> >          /Seun Ojedeji, >          Federal University Oye-Ekiti >
>    web:     //http://www.fuoye.edu.ng >          <
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> > >          //Mobile: +2348035233535 <tel:%2B2348035233535>// >
> //alt email:seun.ojedeji at fuoye.edu.ng >          <
> mailto:seun.ojedeji at fuoye.edu.ng <seun.ojedeji at fuoye.edu.ng>>/ > >
>       The key to understanding is humility - my view ! > > > > >
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