[CCWG-ACCT] SIDE BY SIDE on Regulation/Contract language

[Andrew Sullivan]

Hi,

On Tue, Nov 17, 2015 at 06:48:34PM +0000, Burr, Becky wrote:

> But at some point, as a commercial actor, we need to understand
> exactly what we are signing up for.  And a contract that can be
> constantly attacked on open-ended grounds at some point becomes
> unenforceable altogether.

For whatever it's worth, I've been a little nervous about a tendency
to add references to other agreements to ICANN bylaws.  That seems
like the sort of thing any corporation (even ICANN) would properly
worry about, because it effectively provides a second way to update
the effects of a bylaw without going through the bylaw amendment
process.  I don't feel strongly about it, but it does seem something
worth asking how a corporation's counsel might react to such an idea
(particularly since the bylaws already explicitly contain a
restriction on acting beyond the enumerated powers).

Best regards,

A

-- 
Andrew Sullivan
ajs at anvilwalrusden.com