[CCWG-ACCT] [Acct-Staff] Legal sub-team update
Carrie Devorah
carriedev at gmail.com
Thu Mar 26 13:59:05 UTC 2015
please understand my point is, on the greater, how few people are engaged
in this process, impacting how many.
I too received bounced back emails with information I contributed. I was
glad to read it isnt just me.
The refocus is the numbers - 7 people <> 7 billion people
Staggering
On Thu, Mar 26, 2015 at 9:27 AM, Greg Shatan <gregshatanipc at gmail.com>
wrote:
> Thank you, Seun. That is exactly correct. The Legal Subteam is a conduit
> for information. Any decisions will be made by the full CCWG. Further, I
> anticipate that any significant legal advice will be transmitted directly
> to the CCWG by the law firms, and will not be "filtered' by the Legal
> Subteam.
>
> Greg
>
> On Thu, Mar 26, 2015 at 9:20 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
> wrote:
>
>> Hi Carrie,
>>
>> I think that is not the appropriate way to view this....the way i
>> understood the role of the group is that its similar to the CWG-legal
>> committee where all they do is transmit the questions of the ccwg to the
>> legal firm and vice verse. There is definitely not going to be any decision
>> making at their level except those related to their meeting administration
>> ofcourse).
>>
>> I think its a tidy and effective way to interact with an external firm
>> that is not directly involved in this process.
>>
>> Regards
>>
>> On Thu, Mar 26, 2015 at 2:12 PM, Carrie <carriedev at gmail.com> wrote:
>>
>>> 7 people deciding policy affecting billions around the world one would
>>> expect contributions from persons on other committees would be welcomed.
>>> Moreso considering failure to engage more 'volunteers' and volunteer
>>> burnout.
>>>
>>> Carrie Devorah
>>> Www.centerforcopyrightintegrity.com
>>>
>>> Sent from my iPhone
>>>
>>> On Mar 26, 2015, at 4:09 AM, Alice Jansen <alice.jansen at icann.org>
>>> wrote:
>>>
>>> Dear León,
>>> This is to confirm that Samantha Eisner has no posting rights.
>>> Best regards
>>> Alice
>>>
>>> From: León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>
>>> Date: Thursday, March 26, 2015 6:31 AM
>>> To: Samantha Eisner <Samantha.Eisner at icann.org>
>>> Cc: ACCT-Staff <acct-staff at icann.org>, CCWG Accountability <
>>> accountability-cross-community at icann.org>, Lisse Eberhard <
>>> directors at omadhina.net>, Kieren McCarthy <kieren at kierenmccarthy.com>
>>> Subject: Re: [Acct-Staff] [CCWG-ACCT] Legal sub-team update
>>>
>>> Dear Samantha,
>>>
>>> That should be correct. I hereby ask Staff to confirm that you DO NOT
>>> have posting privileges to the legal sub-team list.
>>>
>>>
>>> Best regards,
>>>
>>>
>>> León
>>>
>>> El 26/03/2015, a las 1:51, Samantha Eisner <Samantha.Eisner at icann.org>
>>> escribió:
>>>
>>> To confirm, it is my understanding that I do not have posting rights
>>> to the sub team list either.
>>>
>>> From: Kieren McCarthy <kieren at kierenmccarthy.com>
>>> Date: Wednesday, March 25, 2015 at 4:38 PM
>>> To: León Sánchez Ambía <leonfelipe at sanchez.mx>
>>> Cc: ACCT-Staff <acct-staff at icann.org>, CCWG Accountability <
>>> accountability-cross-community at icann.org>, Lisse Eberhard <
>>> directors at omadhina.net>
>>> Subject: Re: [CCWG-ACCT] Legal sub-team update
>>>
>>> This approach may look sound on the inside but there are two clearly
>>> very unusual aspects to it:
>>>
>>> 1. A small group of people have decided that they should step outside
>>> accepted norms in the IANA transition process and been given control of a
>>> critical process. They have implemented it immediately, and are judging the
>>> validity of their decision by how much they themselves agree with it
>>>
>>> 2. One of that small group appears to be ICANN's senior counsel.
>>> Something that is transparently a conflict of interest given that the
>>> entire process is supposed to be about gaining legal advice independent of
>>> ICANN
>>>
>>> Not only were these decisions made within the group and in a very
>>> short period of time with no effort to seek outside approval or input but
>>> the group hasn't even put together a reasoned explanation for why it has
>>> taken this approach.
>>>
>>> Even if you are one of the people that have allowed themselves inside
>>> this process, surely you can see that this is a terrible precedent for no
>>> good reason.
>>>
>>> So I would ask:
>>>
>>> * Why? Was there any evidence that this approach was actually needed?
>>> Or was it an assumed pre-emptive reduction in transparency and
>>> accountability? How long was the actual discussion?
>>>
>>> * What is the explanation/justification for having a member of ICANN's
>>> legal team on a committee that is specifically set up to gather legal
>>> advice independent from ICANN? How is this conflict of interest explained
>>> away?
>>>
>>>
>>> Kieren
>>>
>>>
>>>
>>>
>>> On Wed, Mar 25, 2015 at 2:42 PM, León Felipe Sánchez Ambía <
>>> leonfelipe at sanchez.mx> wrote:
>>>
>>>> Dear Eberhard,
>>>>
>>>> This was discussed and agreed upon in the legal team update session
>>>> we had in our morning meeting on day 2 of our Istanbul meeting and then on
>>>> a later call of the legal sub-team that same day.
>>>>
>>>> Best regards,
>>>>
>>>>
>>>> León
>>>>
>>>> El 25/03/2015, a las 23:29, Dr Eberhard W Lisse <el at lisse.na>
>>>> escribió:
>>>>
>>>> Am I missing something here?
>>>>
>>>> When was this discussed, read twice and agreed upon?
>>>>
>>>>
>>>> el
>>>>
>>>> --
>>>> Sent from Dr Lisse's iPad mini
>>>>
>>>> On Mar 25, 2015, at 22:57, León Felipe Sánchez Ambía <
>>>> leonfelipe at sanchez.mx> wrote:
>>>>
>>>> Dear all,
>>>>
>>>> Moving forward, following the agreements made in our meeting with the
>>>> wider CCWG and the legal sub team’s call on 24 March, the Legal Subteam
>>>> mailing-list will, from now on, be the sole avenue for any communications,
>>>> requests and advice sent to and received from our independent legal experts.
>>>>
>>>> Also as agreed during our call, mailing-list posting rights have been
>>>> edited to help streamline communications. It was agreed that a compact
>>>> subset of legal sub-team participants would serve as executive team in
>>>> order to make communications easier to handle between the CCWG and the law
>>>> firms. Agreement was established so solely members of the legal executive
>>>> team now have posting rights to this list.
>>>>
>>>> The list will remain open for anyone to observe and it will continue
>>>> to be publicly archived. In the event that anyone form the larger CCWG
>>>> group would like to raise a question or issue, the question should be
>>>> posted to the general list so it can be properly documented by the legal
>>>> subteam and sent to the lawyers accordingly.
>>>>
>>>> Questions that fall out of the scope stated in the CCWG charter will
>>>> not qualify to be addressed by the independent legal experts.
>>>>
>>>> A description of the agreed scope of work, rules of engagement and
>>>> working methodologies is available below. This information will be posted
>>>> on our dedicated wiki page
>>>> <https://community.icann.org/display/acctcrosscomm/Legal+SubTeam>for
>>>> full reference.
>>>> Thanks
>>>> Best regards
>>>> León
>>>> ---
>>>>
>>>> *Scope of work*
>>>>
>>>> - Adler & Colvin will be the primary source of advice on corporate
>>>> governance law and California not-for-profit law.
>>>> - Sidley & Austin will be addressing international law
>>>> and jurisdiction issues and any additional topic, as deemed appropriate.
>>>>
>>>> *Rules of Engagement & Working Methodologies*
>>>>
>>>> COMMUNICATIONS & COORDINATION
>>>>
>>>> - All formal requests, including follow-up clarifications, are made
>>>> in writing and communicated through the public mailing list
>>>> ccwg-accountability5 at icann.org – public archives available at
>>>> http://mm.icann.org/pipermail/ccwg-accountability5/
>>>> - All weekly calls to be recorded, transcribed and archived in the
>>>> public wiki space.
>>>> - Law firms report to the CCWG-Accountability and receive
>>>> instructions from the legal executive sub team only. Legal Executive
>>>> Subteam Members include: León Sánchez (lead); Athina Fragkouli; Robin
>>>> Gross; David McAuley; Sabine Meyer; Edward Morris; Greg Shatan and Samantha
>>>> Eisner (support);.
>>>> - Private coordination meetings between lawyers would be acceptable
>>>> and desirable.
>>>> - Information should flow freely between law firms.
>>>> - Should there be the need for a call between the available members
>>>> of the Executive Legal Subteam and any of the law firms in order to address
>>>> urgent matters without the ability to setup a public call, it will always
>>>> be required to provide proper debrief to the open list in a timely fashion.
>>>> This method will be exceptional.
>>>> - A single mailing-list will be used. Legal sub team members who
>>>> are not listed in the legal executive subteam have viewing rights to help
>>>> streamline communications. Posting privileges should carry request
>>>> privileges.
>>>> - The mailing-list remains open to any observers.
>>>> - Activities and requests will be documented on the dedicated wiki
>>>> page -
>>>> https://community.icann.org/display/acctcrosscomm/Legal+SubTeam
>>>> - Legal sub team and law firms coordination call will be held on
>>>> Wednesdays at 15:00-16:00 UTC, starting on April 1. Calls will be open to
>>>> anyone, they will be recorded, transcribed and archived in the public wiki
>>>> space.
>>>>
>>>> REQUESTS FOR EXPERTISE
>>>>
>>>> - No individual outside the executive legal sub team should send
>>>> requests to law firms.
>>>> - Law firms are to alert the legal executive sub team of any
>>>> requests made by individuals outside the legal executive sub team.
>>>> - During face-to-face meetings/calls, high level legal advice
>>>> should come in real time in reply to anyone raising a question within the
>>>> Charter’s scope.
>>>> - Legal Executive Subteam should flag any items that are for
>>>> research.
>>>> - Legal Executive Subteam is expected to formulate questions into a
>>>> request for distribution in PDF or WORD format to obtain legal advice.
>>>> - Requests for legal advice should be numbered consecutively for
>>>> reference purposes.
>>>> - All requests will be archived in the public wiki space.
>>>>
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
>>>> Accountability-Cross-Community at icann.org
>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
>>>> Accountability-Cross-Community at icann.org
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>>>>
>>>>
>>>
>>> _______________________________________________
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>>>
>>>
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>>>
>>>
>>
>>
>> --
>> ------------------------------------------------------------------------
>>
>>
>>
>>
>>
>> *Seun Ojedeji,Federal University Oye-Ekitiweb:
>> http://www.fuoye.edu.ng <http://www.fuoye.edu.ng> Mobile: +2348035233535**alt
>> email: <http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
>> <seun.ojedeji at fuoye.edu.ng>*
>>
>> The key to understanding is humility - my view !
>>
>>
>>
>> _______________________________________________
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>>
>
--
Sincerely
CARRIE Devorah
562 688 2883
DISCLAIMER :
With the continuing crossing and interfacing of platforms both on & off
line both with & without our knowledge nor approval to note nothing sent
over the Internet anymore is ever private nor should be presumed to be so.
If it is that much of a secret, say nothing. If you must? Take a lesson
from our military- hand write the note, chew then swallow
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