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

[Mueller, Milton L]

Greg:
I think with some modifications to your proposed text we can find widespread agreement. Here is how I would modify your proposal:

ICANN shall act strictly in accordance with, and only as reasonably appropriate to, achieve its Mission.  Without limiting the foregoing:

  *   ICANN shall not impose regulations on:

     *   Information services which use the Internet’s unique identifiers but are not registries or registrars, or
     *   The content that such services carry or provide

  *   ICANN shall have the ability to enter into and enforce agreements with contracted parties, insofar as those agreements are consistent with its Mission.
Explanation:
“information services” is a simpler and more generic way to describe what we you are referring to and has a long regulatory history. As others noted before, it is dangerous to try to get too technologically specific. What we need to do here is carve out an exception to the regulation band for registries and registrars, which ICANN can and does regulate in accord with its mission.
The second point, pertaining to enforcing contracts, puts in clearer and more restrictive language. Rather than “in furtherance of’ its mission I proposed “consistent with” its mission. One might claim that many ancillary activities might “further” ICANN’s mission in some way; it is more precise to ask that ICANN’s activities be “consistent” with its mission.
--MM

On Thu, Nov 12, 2015 at 3:24 PM, Burr, Becky <Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz>> wrote:
I share Keith’s confusion.  Just where are we?

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