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

[Burr, Becky]

Based on the CCWG call yesterday, here is my understanding of the status of this discussion:

1.  We continue to agree on the language that states that ICANN "shall act strictly in accordance with, and only as reasonably appropriate to achieve its Mission."

2.   Most people preferred Andrew’s construction of the prohibition on regulation, I.e.:  "ICANN shall not impose regulations on services (i.e., any software process that accepts connections from the Internet) that use the Internet’s unique identifiers, or the content that such services carry or provide.”  Given the definition of services, we did not feel it was necessary to refer to except registries, registrars, the Registrar Accreditation Agreement or the Registry Agreement.

3.  Although not everyone’s first choice, the following contract language was acceptable to the group:  "ICANN shall have the ability to negotiate, enter into and enforce agreements with contracted parties in [service of][support of][furtherance of] its Mission.”

This language will be provided to the attorneys drafting bylaws language, along with a description of the considerations to be taken into account in drafting.

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz<http://www.neustar.biz>

From: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Date: Tuesday, November 17, 2015 at 6:36 PM
To: Malcolm Hutty <malcolm at linx.net<mailto:malcolm at linx.net>>
Cc: "Mueller, Milton L" <milton at gatech.edu<mailto:milton at gatech.edu>>, Becky Burr <becky.burr at neustar.biz<mailto:becky.burr at neustar.biz>>, Andrew Sullivan <ajs at anvilwalrusden.com<mailto:ajs at anvilwalrusden.com>>, Accountability Community <accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>>
Subject: Re: [CCWG-ACCT] SIDE BY SIDE on Regulation/Contract language

On Tue, Nov 17, 2015 at 4:50 PM, Malcolm Hutty <malcolm at linx.net<mailto:malcolm at linx.net>> wrote:

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