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

Alan Greenberg alan.greenberg at mcgill.ca
Thu Nov 12 13:20:53 UTC 2015 

Malcolm, you and I did agree on that, but as we move forward I want 
to make sure that we need to keep the drafting instructions to the 
lawyers in mind so it is not lost.

Alan


At 12/11/2015 08:13 AM, Malcolm Hutty wrote:


>On 12/11/2015 13:01, Alan Greenberg wrote:
> > 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.
>
>I thought we had agreed that this was just a drafting issue.
>
>Nobody wants the outcome you fear, so it can be left to the lawyers to
>ensure that that outcome is avoided. As I have said, I have no problem
>with a suitable drafting note to lawyers being attached.
>
>Let's not further confuse the issue on which there appears to be a more
>fundamental conflict with one which is just a question of checking that
>the final wording proposed by the lawyers does reflect our shared intent.
>
>
>
> > 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
> >> > _______________________________________________
> >> > Accountability-Cross-Community mailing list
> >> > Accountability-Cross-Community at icann.org
> >> > 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/
> >>
> >>                  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
> >>
> >>
> >> _______________________________________________
> >> Accountability-Cross-Community mailing list
> >> Accountability-Cross-Community at icann.org
> >> 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/
>
>                  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