[CCWG-ACCT] WP2 Issues from last night's call

Burr, Becky Becky.Burr at neustar.biz
Tue Nov 3 17:17:24 UTC 2015


So, if we drop the competing lead ins (each of which elicits strong
objections from one perspective or another) the text will read:

"ICANN shall act strictly in accordance with, and only as reasonably
appropriate to achieve its Mission. Without in any way limiting the
foregoing
absolute prohibition, ICANN shall not regulate services that use the
Internet’s unique identifiers, or the content that such services carry or
provide. ICANN
shall have the ability to enforce agreements with contracted parties,
subject to established means of community input on those agreements and
reasonable checks and balances on its ability to impose obligations
exceeding ICANN’s Mission on registries and registrars.”

Can we agree to this approach?

Becky


J. Beckwith Burr
Deputy General Counsel & Chief Privacy Officer





On 11/3/15, 12:10 PM, "Malcolm Hutty" <malcolm at linx.net> wrote:

>
>
>On 03/11/2015 16:54, Burr, Becky wrote:
>> I understand the concern Malcolm, which is why I sent it out with both
>> alternatives.  What if we had neither ³in service of its mission² or
>> ³notwithstanding its mission²?
>
>I think "in service of its Mission" is useful and important clarifying
>language.
>
>I suppose I could reluctantly accept its removal, in the interests of
>consensus, if that enabled us to finally put this issue to bed and we
>could finally freeze this text. But I feel that every time I make a
>concession in this area, others come back with a yet more radical and
>unacceptable additional demand. I'm not interested in being
>salami-sliced any further by my own concessions.
>
>It's time for the IPC to show that they are interested in reaching
>agreement. If they are not, we should revert to the original language
>that was overwhelmingly supported through the previous two public
>comment periods, and the IPC can be invited to add a formal dissenting
>comment.
>
>Malcolm.
>
>> 
>> J. Beckwith Burr
>> Deputy General Counsel & Chief Privacy Officer
>> 
>> 
>> 
>> 
>> 
>> On 11/3/15, 11:48 AM, "Malcolm Hutty" <malcolm at linx.net> wrote:
>> 
>>>
>>>
>>> On 03/11/2015 15:13, Burr, Becky wrote:
>>>> I¹ve attached a revised deck trying to lay out our conclusions from
>>>>last
>>>> night.
>>>
>>> Becky,
>>>
>>> I regret I wasn't aware of a meeting last night. Moreover, this message
>>> just arrived, and crossed with my reply to your message to Andrew
>>> immediately previously.
>>>
>>> Regarding the chapeau, if your proposed resolution works for the IAB
>>>(as
>>> I suspect it will), then I am content, and my previous message of a few
>>> moments ago can be disregarded.
>>>
>>> Regarding the "contracting" issue, I can accept adding the preliminary
>>> language "In service of its Mission". I cannot accept Greg's
>>>alternative
>>> suggestion "Notwithstanding the foregoing"; that would mean that the
>>> following statement completely supercedes and overrides the statement
>>>of
>>> there being a limited Mission.
>>>
>>> If you need any further explanation of why the purple "notwithstanding
>>> the foregoing" is a non-starter, I can provide voluminous references to
>>> responses to public comment, and a comparison with the ISPCP statement
>>> issued in Dublin. I hope this will not be necessary, and that we can
>>>all
>>> agree on "In service of the Mission".
>>>
>>> Malcolm.
>>> -- 
>>>            Malcolm Hutty | tel: +44 20 7645 3523
>>>   Head of Public Affairs | Read the LINX Public Affairs blog
>>> London Internet Exchange |
>>> 
>>>https://urldefense.proofpoint.com/v2/url?u=http-3A__publicaffairs.linx.n
>>>et
>>> 
>>>_&d=CwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP
>>>8W
>>> 
>>>DDkMr4k&m=JqsC5Zjvz5DIE0mKPzICaDfFgTw-Pj7kA_tmTjXLykk&s=F2P5dcS88CIyrgAF
>>>-9
>>> N3nMq_NXhs_W3qUUCmMroUkuU&e=
>>>
>>>                 London Internet Exchange Ltd
>>>       Monument Place, 24 Monument Street, London EC3R 8AJ
>>>
>>>         Company Registered in England No. 3137929
>>>       Trinity Court, Trinity Street, Peterborough PE1 1DA
>>>
>>>
>> 
>
>-- 
>            Malcolm Hutty | tel: +44 20 7645 3523
>   Head of Public Affairs | Read the LINX Public Affairs blog
> London Internet Exchange |
>https://urldefense.proofpoint.com/v2/url?u=http-3A__publicaffairs.linx.net
>_&d=CwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8W
>DDkMr4k&m=Tpd2d9uemW87XIz_1HH4kpzAMFU1bANWL20yeB8rwvY&s=4Cs8W93kGiTXhBQK_H
>rE5iztStj__unZ2i_HULwv3P8&e=
>
>                 London Internet Exchange Ltd
>       Monument Place, 24 Monument Street, London EC3R 8AJ
>
>         Company Registered in England No. 3137929
>       Trinity Court, Trinity Street, Peterborough PE1 1DA
>
>



More information about the Accountability-Cross-Community mailing list