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

[Greg Shatan]

Wouldn't it just be easier to say: "Domain names" are not included in the
definition of "content" for purposes of this provision. ?

Then we don't get into the question of the "meaning" of domain names --
another area where the answer is different on the human layer (where domain
names have great meaning) and the technical layer (where a string is just a
string)....

Greg

On Tue, Nov 24, 2015 at 1:50 PM, Silver, Bradley <
Bradley.Silver at timewarner.com> wrote:

> Fine with that tweak as well.  I do want to make one suggested change to a
> drafting note, which is a point of clarity and is consistent with
> discussion on the call, as well as the back and forth on this list.  We
> very much need to ensure that these restrictions are not going to be used
> to poke holes in the presumptive validity of provisions in the RAA and RA
> and PICs, which are supported by the Specs.  So I propose:
>
>
>
> ·         The issues identified in Specification*s *1 *and 11* to the
> Registry Agreement and Specification 4 to the Registrar Accreditation
> Agreement (the so-called “*Picket Fence*”)*, as well the associated
> provisions of such agreements (including but not limited to Sections 3.18
> and 3.7.7. of the RAA)* are intended and understood to be within the
> scope of ICANN’s Mission
>
>
>
> Bradley
>
>
>
>
>
> *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 12:54 PM
> *To:* Mueller, Milton L; Accountability Community; ACCT-Staff
> *Subject:* Re: [CCWG-ACCT] Resolution of Mission Language related to
> regulation and contract
>
>
>
> I am fine with “in service of” - just used in furtherance of because that
> is what the David Post language came around with
>
>
>
> *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: *<Mueller>, Milton L <milton at gatech.edu>
> *Date: *Tuesday, November 24, 2015 at 12:50 PM
> *To: *Becky Burr <becky.burr at neustar.biz>, Accountability Community <
> accountability-cross-community at icann.org>, ACCT-Staff <
> acct-staff at icann.org>
> *Subject: *RE: [CCWG-ACCT] Resolution of Mission Language related to
> regulation and contract
>
>
>
> 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
> <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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