[CCWG-ACCT] Legal sub-team update

[Dr Eberhard W Lisse]

Thank you,

el

-- 
Sent from Dr Lisse's iPhone 6


> On Mar 26, 2015, at 10:20, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
> 
> Dear Eberhard,
> 
> Thank you for pointing out the second read. You are right. This needs a second read in our next call.
> 
> I apologize for the unintended mistake and will be happy to include it as an agenda item for our next call.
> 
> I do like the idea of having Kieren in the team. 
> 
> Best regards,
> 
> 
> León
> 
>> El 26/03/2015, a las 9:22, Dr Eberhard W Lisse <directors at omadhina.net> escribió:
>> 
>> 
>> Kieren,
>> 
>> please read my previous email as being in full agreement with your
>> rationale.
>> 
>> Leon,
>> 
>> we need to "read" this again on our next call, which would be next
>> Tuesday, what time?  Please advise ASAP, so Kieren can see whether
>> he can make the time to join :-)-O
>> 
>> 
>> el
>> 
>> 
>> PS: I might even be interested in lurking on the legal sub-team list,
>> eminently qualified as I am being a Gynaecologist :-)-O
>> 
>> 
>>> On 2015-03-26 09:10, Kieren McCarthy wrote:
>>> So I'll be honest - what I read is a single justification to have
>>> a closed sub-group that is directly contradicted by your own words
>>> moments earlier.
>>> 
>>> Sole justification: "As I said, this is an open, and will remain
>>> open for anyone that wants to participate, but we need to of
>>> course face the fact that having a conversation between 160
>>> persons and a law firm might not be the more practical approach."
>>> 
>>> But moments earlier you state that you'd never had more than seven
>>> people on a call.  So you are stating a future possibility that is
>>> not based on current realities.  And then limiting the process'
>>> accountability and transparent norms based on that purely
>>> hypothetical situation.  Why?
>>> 
>>> I'll also note that the sub group immediately decided to do away
>>> with your promise to keep it open "for anyone that wants to
>>> participate".  So it could be argued that the vote that was taken
>>> did not accurately represent was is actually in place.
>>> 
>>> As for authorization: you provided an exceptionally busy group
>>> with at most a few minutes to decide on a proposal that you put
>>> forward with the strong implication that it needed a positive vote
>>> in order to progress.
>>> 
>>> This doesn't meet any kind of standard for good governance.
>>> 
>>> Furthermore I'll note that there was no discussion at all over the
>>> clear conflict of interest that exists in having a member of
>>> ICANN's legal team as the support for a group whose sole purpose
>>> is to provide legal advice independently of ICANN.
>>> 
>>> Please don't take this personally, I have no doubt you are an
>>> honorable and hardworking member of the internet community.  But
>>> this process and the decisions being made don't pass muster on
>>> even the most relaxed and generous grounds.
>>> 
>>> Kieren
>>> 
>>> 
>>> - [sent through phone]
>>> 
>>> 
>>> On Wed, Mar 25, 2015 at 9:43 PM, León Felipe Sánchez Ambía
>>> <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>> wrote:
>>> 
>>>   Dear Arun,
>>> 
>>>   Thanks for your message.  The team role would be to pass along
>>>   messages to the law firms and follow up on them in order to
>>>   make it easier to handle the communications between the law
>>>   firms and the larger CCWG.
>>> 
>>>   This, of course, does not mean that no other members or
>>>   participants of the wider CCWG would be able to raise
>>>   questions and request further information or clarifications to
>>>   any question raised.
>>> 
>>>   I hope this helps clarify the team’s role.
>>> 
>>>   Best regards,
>> [...]
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