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

[Drazek, Keith]

This works for me.

Keith


> On Nov 3, 2015, at 12:19 PM, Burr, Becky <Becky.Burr at neustar.biz> wrote:
> 
> 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
> 
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