[CCWG-ACCT] Mission/Contract

[Malcolm Hutty]

Becky,

I think we had all agreed to drop the phrase

"not engage in or use its powers to attempt the"

My proposal of 6th November was intended to omit those words; they
survived only as an artifact of copy/paste accidentally picking up
deleted text, not because I wished to revive them.

Malcolm




On 10/11/2015 00:09, Burr, Becky wrote:
> All - 
> 
> In advance of our call tomorrow I want to flag the open issue in the
> Mission Statement – language prohibiting ICANN from regulating "services
> that use the Internet’s unique identifiers or the content that they
> carry or provide."  
> 
> While there is strong consensus that (1) ICANN’s mission is limited and
> (2) ICANN should act only in furtherance of its mission, strong and
> divergent perspectives on the proposed language itself remain.  The
> language has been in the proposed Mission Statement since our Frankfurt
> meeting last January.  Numerous commenters supported the language in
> both the first and second comment periods on the grounds that ICANN
> should not attempt to regulate third parties through its agreements with
> registries and registrars.  On the other hand, many commenters expressed
> concerns about potential unintended consequences of this language, and
> the impact that it might have, for example, on ICANN’s ability to
> enforce commitments contained in registry and/or registrar commitments
> (e.g., Public Interest Commitments, special-interest new gTLD
> applications, etc.).   
> 
> The following chart (also attached as a PDF) compares the language in
> the 2nd Draft Report with language circulated shortly following the
> Dublin meeting, and suggested language proposed by Greg Shatan and
> Malcolm Hutty respectively to resolve this issue.   (Another approach,
> which I floated, was strongly criticized.)  As we review and discuss
> this language tomorrow, please keep in mind that we have always been
> clear that the language in the proposed Mission Statement is not final
> Bylaws language, rather it intended to guide those crafting final
> Bylaws.  I look forward to a fruitful discussion in 12 hours!
> 
> 
> 2^nd Draft Report Language
> 
>  
> 
> 	
> 
> Post-Dublin Language
> 
>  
> 
> 	
> 
> Greg Shatan Proposal 2 Nov 2015
> 
> 	
> 
> Malcolm Hutty Proposal 6 Nov 2015
> 
>  
> 
> ICANN shall have no power to act other than in accordance with, and as
> reasonably appropriate to achieve its Mission.
> 
>  
> 
> Without in any way limiting the foregoing absolute prohibition, ICANN
> shall not engage in or use its powers to attempt the regulation of
> services that use the Internet's unique identifiers, or the content that
> they carry or provide.
> 
>  
> 
> 	
> 
> ICANN shall have no power to act strictlyother thanin 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.
> 
>  
> 
>  
> 
>  
> 
>  
> 
>  
> 
> In service of its MissionICANN 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.
> 
>  
> 
> 	
> 
> ICANN shall have no power to act other than in accordance with, and 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 and contracted parties entering into, complying with and enforcing
> agreements does not constitute regulation. 
> 
>  
> 
>  In service of its Mission, 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.
> 
> 	
> 
> ICANN shall only act strictly in accordance withand as reasonably
> appropriate to achieveits Mission.
> 
>  
> 
>  
> 
> Without in any way limiting the foregoing, ICANN shall not engage in or
> use its powers to attempt the regulation of services that use the
> Internet's unique identifiers to enable or facilitate their reachability
> over the Internet, nor shall it regulate or the content that those
> services carry or provide.
> 
>  
> 
>  
> 
>  
> 
> ICANN shall have the ability to negotiate, enter into and enforce
> agreements with contracted parties in service of its Mission.
> 
> 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
> 
>  
> 
> *
> *
> 
> *
> *
> 
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> *
> 
> *
> *
> 
> *
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> 
> *J. Beckwith Burr****
> **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> *Office:***+1.202.533.2932  *Mobile:***+1.202.352.6367 */**neustar.biz*
> <http://www.neustar.biz>
> 
> 
> 
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