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

Schaefer, Brett Brett.Schaefer at heritage.org
Fri Nov 13 13:52:05 UTC 2015


All,

This was discussed last night and adjustments were made to the base text. I’m not really following this debate too closely, so I have no idea if the changes would alleviate your concerns or not. Perhaps Becky can circulate the latest version.

Best,

Brett


________________________________
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org<http://heritage.org/>
From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Silver, Bradley
Sent: Friday, November 13, 2015 8:47 AM
To: Edward Morris; Mueller, Milton L
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] Attempt to summarize discussion regarding Mission and Contract

Thanks Milton and Ed -

Doesn’t calling our registries and registrars get us back into the problem area of whether activities such as the accreditation of Privacy & Proxy services is in breach of the no-regulation clause?  I had thought the goal of the draft Greg circulated was to describe the specific processes that ICANN would stay clear of imposing regulation on (the distinction being that “services” is not meant to describe entities, but rather a certain type of activity).

Also, the change the second bullet does not provide the clarity that is needed – it essentially makes it a narrower way saying what the first sentence says.  The point of the contractual language was to clarify that the first bullet would not impede ICANN’s furtherance of its mission via contractual agreements.  I think flipping it around doesn’t give the necessary guidance and clarity.

These are important distinctions, but I think a good step towards finding agreement on language that could satisfy broad interests.

Bradley


From: accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Edward Morris
Sent: Friday, November 13, 2015 6:24 AM
To: Mueller, Milton L
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] Attempt to summarize discussion regarding Mission and Contract

+1

The revised language is a bit clearer and based more on general principle than on specific technology. We're building a governing construct for the future ICANN regardless of where technology takes us. Milton's proposed language better allows us to carry these general principles forward regardless of any changes to base technology that ICANN might encounter or need to adapt to.

Ed

On Nov 13, 2015, at 2:45 AM, Mueller, Milton L <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:
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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