[CCWG-ACCT] Attempt to summarize discussion regarding Mission and Contract

[Malcolm Hutty]

Dear Co-Chairs

I think the best way of resolving this would be to note that we have
ALREADY reached consensus on this TWICE (in order to publish two Draft
Reports that recommended this provision), and only to assess the public
comments.

Remember, either of the previous Draft Reports could have been the final
outcome; we've only come back to a second and a third because of a
separate issue (changing the Reference Model, twice).

When assessing the public comments, we can see overwhelming support for
the inclusion of this text.

Moreover, we have found a way to at least partially address the only
concerns raised in the public comment, by adding

"ICANN shall have the ability to negotiate, enter into and enforce
agreements with contracted parties in service of its Mission."

This gives what those few who raised concerns at least part of what they
want, and we have not found any consensus to go further.

I think the Co-Chairs could quite legitimately say that it is too late
to open new issues now, and that we should proceed on the basis of the
previously achieved consensus.

Malcolm.

On 12/11/2015 12:20, Mueller, Milton L wrote:
> Let me add this: I see once again a disturbing tendency to ignore and override the public comments. We went through two rounds of public comment on this proposal. In both comment periods, there was overwhelming support for the prohibition on content regulation. A consensus-based process that is responsive to the community would not be asking _whether_ we need this prohibition, it would only be asking how to word it.
> 
> --MM
> 
>> -----Original Message-----
>> From: accountability-cross-community-bounces at icann.org
>> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
>> Mueller, Milton L
>> Sent: Thursday, November 12, 2015 7:15 AM
>> To: Drazek, Keith <kdrazek at verisign.com>; Accountability Community
>> <accountability-cross-community at icann.org>
>> Subject: Re: [CCWG-ACCT] Attempt to summarize discussion regarding
>> Mission and Contract
>>
>> Keith
>> I don't think we have irreconcilable views, and I certainly don't see any
>> increase in divergence. What I see is some difficulty in formulating the
>> wording right so that prohibiting ICANN from regulating other services doesn't
>> get in the way of it regulating the services it is supposed to regulate.
>>
>> Even if there is divergence, it is NOT an issue that can be avoided; it is
>> fundamental to ICANN's mission limitation and accountability and I would
>> never agree to a transition without it. We need to resolve this, and we have to
>> do it in WS1.
>>
>> By the way, it is impossible to avoid resolving this issue. If you do not include
>> this prescription, you are siding with those who don't want it to be there - and
>> thus overriding and ignoring the views of the people who want it there.
>>
>> Andrew:
>>
>>>    ICANN shall have no power to act other than in accordance with,
>>>    and as reasonably appropriate to achieve its Mission.
>>>
>>> With that prohibition on ICANN going out and finding new things to do,
>>> you have the explicit limitation you want.  No?
>>
>> No. Paul R has addressed this. What we have now is open to too much
>> interpretation and is not a clear enough limitation. We need to have a clear
>> and explicit limitation, not a general statement that ICANN will conform to its
>> mission. We need to make it clear that the mission does NOT include content
>> regulation.
>> _______________________________________________
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>> Community at icann.org
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> 

-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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