[CCWG-ACCT] Resolution of Mission Language related to regulation and contract

[Mueller, Milton L]

Becky:
The statement on ICANN's ability to enforce contracts: "in service of" its mission was clearly the most popular and acceptable language; "in furtherance of" was the least popular and acceptable. Please revert to "in service of"

--MM

From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Burr, Becky
Sent: Tuesday, November 24, 2015 12:15 PM
To: Accountability Community <accountability-cross-community at icann.org>; ACCT-Staff <acct-staff at icann.org>
Subject: [CCWG-ACCT] Resolution of Mission Language related to regulation and contract

Based on our call earlier today, I have modified the side-by-side comparison of the Mission Statement (comparing current Bylaws, 2nd Draft Proposal, and proposed 3rd Draft Proposal language) to reflect the 2nd Draft Proposal language plus the contract language as follows:

ICANN shall act strictly in accordance with, and only as reasonably appropriate to achieve its Mission. ICANN shall not impose regulations on services that use the Internet's unique identifiers, or the content that such services carry or provide.  ICANN shall have the ability to negotiate, enter into and enforce agreements with contracted parties in furtherance of its Mission.

I have added the following Note per our discussion:

Note to drafters:  In crafting proposed Bylaws language to reflect this Mission Statement, the CCWG wishes the drafters to reflect the following considerations:


The prohibition on the regulation of "content" is not intended to prevent ICANN policies from taking into account the semantic meaning of domain names.

The issues identified in Specification 1 to the Registry Agreement and Specification 4 to the Registrar Accreditation Agreement (the so-called "Picket Fence") are intended and understood to be within the scope of ICANN's Mission.  A side-by-side comparison of the formulation of the Picket Fence in the respective agreements is attached for reference.



The PDF (as well as the PDF of the Picket Fence language) is attached.



Please note also that I have added a general note to the effect that we expect the the Bylaws drafters may need to modify the Articles of Incorporation to align with the substantive changes to the Bylaws.



Becky
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>
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