[CCWG-ACCT] Lawyers' Meeting on Friday

Jordan Carter jordan at internetnz.net.nz
Thu Oct 1 12:55:42 UTC 2015


Seun, all

I stand by my comment - the error is very narrow but very important:

"whether or not the decisions to exercise powers on the part of a member
can be constrained"

We have had very clear advice from our counsel that this can be done. The
board members in LA both in the meeting and in the corridors argued it
can't, and they seemed to be arguing based on advice.

If there was advice from their Lawyers I want us all to see it.

If there was not, I want to know that too.

Both are very reasonable questions.

Cheers
Jordan


On Thursday, 1 October 2015, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:

> While I wish Bruce wisdom in answering your question. I don't understand
> how you conclude that it's erroneous. From my "very" little understanding
> of law, there are more than one way to achieve a goal and none of them
> lacks consequences (disadvantage).
>
> We have requested CCWG legal to provide their view about board proposal, I
> don't know what is more useful than that document produced(unless we don't
> trust CCWG legal as well). I mean, how differently would we have responded
> by seeing the notes other than the way we have to board's proposal
>
> That said, this does not mean I am discouraging transparency but just to
> indicate that our answer/solution to settle the current disagreement is
> most likely not in those notes.
>
> Regards
> Sent from my Asus Zenfone2
> Kindly excuse brevity and typos.
> On 1 Oct 2015 10:24, "Jordan Carter" <jordan at internetnz.net.nz
> <javascript:_e(%7B%7D,'cvml','jordan at internetnz.net.nz');>> wrote:
>
> Hi Bruce
>
> What advice has Jones Day or ICANN's in house legal team given to the
> Board - either directly or through management - or directly to management
> - that has led to erroneous conclusions regarding whether or not the
> decisions to exercise powers on the part of a member can be constrained or
> not?
>
> Such erroneous conclusions were evident from the comments of some board
> members in Los Angeles.
>
> Can that advise or a summary of it be shared with the CCWG?
>
> Thanks
> Jordan
>
>
> On Thursday, 1 October 2015, Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au
> <javascript:_e(%7B%7D,'cvml','Bruce.Tonkin at melbourneit.com.au');>> wrote:
>
>> Hello Farzaneh,
>>
>>
>> >>   I understand that the Board has made the Jones Day impact assessment
>> available. But in a note it states that it has had discussions with
>> advisors and staff. I would also like to request for any document that the
>> Board has received in its discussion with the advisors and staff and notes
>> of the  deliberation of their meetings.
>>
>> Yes our intent is to make all documents available.   So far the only one
>> that I am aware of is the Jones Day analysis that was published.
>>
>> We received verbal briefings form the Advisors to the CCWG (
>> https://community.icann.org/display/acctcrosscomm/Advisors) , and I
>> understand these advisors also gave verbal briefings to the CCWG, as well
>> as any written comments they have posted to the public comments forum.
>>
>>
>> Regards,
>> Bruce Tonkin
>>
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>>
>
>
> --
> Jordan Carter
> Chief Executive, InternetNZ
>
> +64-21-442-649 | jordan at internetnz.net.nz
> <javascript:_e(%7B%7D,'cvml','jordan at internetnz.net.nz');>
>
> Sent on the run, apologies for brevity
>
>
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>

-- 
Jordan Carter
Chief Executive, InternetNZ

+64-21-442-649 | jordan at internetnz.net.nz

Sent on the run, apologies for brevity
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