[CCWG-ACCT] Legal Memo - Responses to CCWG GAC representatives Questions

Thu Jun 11 14:08:48 UTC 2015

Dear Colleagues,

Many thanks to Jorge and Damien for these feedbacks. These questions are 
indeed quite important and that is the reason why we requested legal 
advice.

In order to achieve better understanding of the questions (I must admit 
I may not have fully grasped the underlying expectations) we suggest to 
dedicate a part of the CCWG call on tuesday 16 June for this 
clarification. Direct communication will certainly be a more efficient 
process.

Best regards,
Mathieu

Le 10/06/2015 13:20, Gregory, Holly a écrit :
> Dear Jorge,
> We will take another look at the questions if the co-chairs direct. 
>  It would be helpful if the co-chairs would clarify the questions. We 
> are apparently not fully understanding them as stated.
> Kind regards, Holly
>
>
>
> Sent with Good (www.good.com)
> *
> *
> ------------------------------------------------------------------------
> *From:* Jorge.Cancio at bakom.admin.ch
> *Sent:* Wednesday, June 10, 2015 05:37:22 AM
> *To:* Mathieu.Weill at afnic.fr; accountability-cross-community at icann.org
> *Cc:* rfei at adlercolvin.com; Gregory, Holly
> *Subject:* AW: [CCWG-ACCT] Legal Memo - Responses to CCWG GAC 
> representatives Questions
>
> Dear Mathieu,
>
> Thanks a lot for this document.
>
> After having a first look into it, I would just like to observe that 
> -at least regarding the questions I have posed in CCWG calls or on the 
> list- they have only been partially answered.
>
> To be more specific:
>
> 1) answer to question 4 misses the point an does not provide a 
> response to the dangers in asymmetrical composition between GAC and 
> the eventual GAC-UA;
>
> 2) response to question 5 is also very incomplete as it does not 
> provide an answer to the very specific questions contained in that 
> question (/Question 5: As to the operation of the UA, while nowadays 
> the infringement or differing interpretation of GAC rules of procedure 
> (e.g. operating principles) have no legal consequence, this would 
> change in case these rules would be applied to an existing legal 
> person (the UA)? What would be the consequences of conflicts of 
> interpretation between members of the GAC-UA and/or of external 
> stakeholders affected by decisions of the GAC-UA? What legislation 
> would they apply? What would be the responsibilities of GAC-UA 
> officers and/or members affected by such a conflict? How would they 
> specifically protected from liability? To what extent?/).
>
> 3) response to question 6 contains a number of “desiderata” (“so 
> long”… “should not”… “we are confident”) instead of a detailed legal 
> analysis.
>
> …
>
> Personally I feel that answering quickly, reutilizing former documents 
> and/or linking generally to them is not really the proper way forward. 
> After having a look into several inputs made in the public 
> consultation, I see some of these issues put forward by different 
> contributors, which is again a sign of them being serious points which 
> need to be addressed in depth.
>
> Therefore, I would kindly ask you to look again into these issues 
> accordingly
>
> Best regards
>
> Jorge Cancio
>
> *Von:*accountability-cross-community-bounces at icann.org 
> [mailto:accountability-cross-community-bounces at icann.org] *Im Auftrag 
> von *Mathieu Weill
> *Gesendet:* Dienstag, 9. Juni 2015 13:58
> *An:* accountability-cross-community at icann.org
> *Cc:* Rosemary E. Fei; Holly Gregory
> *Betreff:* [CCWG-ACCT] Legal Memo - Responses to CCWG GAC 
> representatives Questions
>
> Dear Colleagues,
>
> Please find attached a lawyer's memo which provides legal answers to a 
> list of questions that were raised during the last few weeks by 
> government representatives, either on list, during the CCWG calls, or 
> through the public comment. It is also available on the wiki page 
> collecting legal responses : 
> https://community.icann.org/pages/viewpage.action?pageId=52890082 
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_pages_viewpage.action-3FpageId-3D52890082&d=AwMFAw&c=Od00qP2XTg0tXf_H69-T2w&r=1-1w8mU_eFprE2Nn9QnYf01XIV88MOwkXwHYEbF2Y_8&m=BhA9PWb0JrmmwE8bYPsMpA5GA_EMMsUBLU7LI6vwoFc&s=PLFipEebcbGoUFeV-3TQIK_lbxzMLmN5u8qpQxqYL78&e=> 
>
>
> As discussed during our call this morning an updated version of the 
> chart on page 5 of governance powers memo 
> (https://community.icann.org/download/attachments/52890082/update%20Legal%20Assessment%20-%20Executive%20Summary%2C%20Summary%20Chart%20and%20Revised%20Governan....pdf?version=1&modificationDate=1430442481000&api=v2 
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_download_attachments_52890082_update-2520Legal-2520Assessment-2520-2D-2520Executive-2520Summary-252C-2520Summary-2520Chart-2520and-2520Revised-2520Governan....pdf-3Fversion-3D1-26modificationDate-3D1430442481000-26api-3Dv2&d=AwMFAw&c=Od00qP2XTg0tXf_H69-T2w&r=1-1w8mU_eFprE2Nn9QnYf01XIV88MOwkXwHYEbF2Y_8&m=BhA9PWb0JrmmwE8bYPsMpA5GA_EMMsUBLU7LI6vwoFc&s=27Q1vp21pq4ujESZx0oONqu6htSSUJjDiTUQV_-WlZg&e=> 
> ) is currently being prepared.
>
> Best regards,
> Mathieu
>
>
>
> -------- Message transféré --------
>
> *Sujet : *
>
> 	
>
> [Acct-Legal] Memo - Responses to CCWG GAC Questions
>
> *Date : *
>
> 	
>
> Tue, 9 Jun 2015 03:29:01 +0000
>
> *De : *
>
> 	
>
> Hilton, Tyler <thilton at sidley.com> <mailto:thilton at sidley.com>
>
> *Pour : *
>
> 	
>
> ccwg-accountability5 at icann.org <mailto:ccwg-accountability5 at icann.org> 
> <ccwg-accountability5 at icann.org> <mailto:ccwg-accountability5 at icann.org>
>
>
>
>
> Dear Legal Sub-team,
>
> Attached please find a memo responding to the list of questions from 
> the Governmental Advisory Committee (GAC) provided to us on June 5, 2015.
>
> Best,
>
> *TYLER**HILTON*
> Associate
>
> Sidley Austin LLP
> 555 West Fifth Street
> Los Angeles, CA 90013
> +1.213.896.6130
> thilton at sidley.com <mailto:thilton at sidley.com>
> www.sidley.com <http://www.sidley.com>
>
> http://www.sidley.com/files/upload/signatures/SA-autosig.png 
> <http://www.sidley.com/>*SIDLEY AUSTIN LLP*
>
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-- 
*****************************
Mathieu WEILL
AFNIC - directeur général
Tél: +33 1 39 30 83 06
mathieu.weill at afnic.fr
Twitter : @mathieuweill
*****************************

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