[CCWG-ACCT] Board comments on the Mission statement)

[Alan Greenberg]

And I continue to be very troubled that in haste, we may put into 
words, Bylaws that ultimately prevent ICANN from doing its legitimate business.

Alan

At 21/11/2015 10:35 AM, Paul Rosenzweig wrote:

>I agree with Malcolm.  I continue to be very troubled that we cannot 
>put into words this very fundamental concept.  All agree there are 
>some limited circumstances when ICANN can and should be allowed to 
>impose restrictions on activity through contract.   All agree that 
>there are many other circumstances in which that sort of action by 
>ICANN would be illegitimate.  The Board's proposal seems to leave 
>the question open to later interpretation and for that reason I 
>don't favor it -- but I also think it is imperative that some 
>definitional language be hammered out .... without it the entire 
>premise of IRP review and a limited ICANN mission founders.
>
>Paul
>
>--
>Sent from myMail app for Android
>Friday, 20 November 2015, 07:52PM -05:00 from Malcolm Hutty 
><<mailto:malcolm at linx.net>malcolm at linx.net>:
>
>
>
>On 20 Nov 2015, at 21:39, Andrew Sullivan 
><<https://e-aj.my.com//compose?To=ajs@anvilwalrusden.com>ajs at anvilwalrusden.com> 
>wrote:
>
> >> On Fri, Nov 20, 2015 at 03:54:09PM -0500, David Post wrote:
> >> This is a good example - can ICANN shut down my domain as part of its
> >> "collaboration with anti-abuse people"?
> >
> > Unless you&apos;re a TLD, ICANN can&apos;t shut down your domain anyway (at
> > least not without taking a whole bunch of other people out), so if
> > that&apos;s all we&apos;re talking about it&apos;s not a problem.
>
>On the contrary, ICANN can and does cause Registries to shut down 
>some registrants&apos; domains (by requiring them to redelegate it 
>to another person without the initial registrants&apos; consent).
>
>We are arguing about the scope of circumstances in which ICANN 
>should be permitted to do this. Constraining the range of 
>circumstances is the entire point of this clause.
>
>Malcolm.
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