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

[Matthew Shears]

Hi Becky

On 18/11/2015 16:23, Burr, Becky wrote:
> 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.”
I thought we had discussed  "consistent with" as well?

Matthew

>
> 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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-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987



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