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

Alan Greenberg alan.greenberg at mcgill.ca
Thu Nov 12 13:01:38 UTC 2015


I must again repeat that the ALAC was very concerned that the generic 
top-level names which ICANN does oversee are claimed by some to be 
content and these identifiers must be explicitly carved out of the 
prohibition on regulating content.

Alan

At 12/11/2015 07:41 AM, Malcolm Hutty wrote:
>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.
> >> _______________________________________________
> >> Accountability-Cross-Community mailing list Accountability-Cross-
> >> Community at icann.org
> >> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> > _______________________________________________
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> > https://mm.icann.org/mailman/listinfo/accountability-cross-community
> >
>
>--
>             Malcolm Hutty | tel: +44 20 7645 3523
>    Head of Public Affairs | Read the LINX Public Affairs blog
>  London Internet Exchange | http://publicaffairs.linx.net/
>
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