[CCWG-ACCT] FW: Continued Counsel Dialogue

[Rudolph Daniel]

I am no lawyer, so I would like to know,
Hoping that I am not going over old ground...so excuse my confusion.

"SMM would place a significant amount of power in the hands of individuals
and stakeholders that hold no fiduciary obligations to ICANN"

Who does the NTIA hold fiduciary duty to? ICANN? Or to Congress?

.... "or the global stakeholder community."

Who is the SMM to hold fiduciary duty to principally? the global
stakeholder community(?)

"These individuals and stakeholders are free to act in their personal
interest and are not required to make decisions based on what is best for
ICANN,"

Surely the ICANN board is there to interpret what is best for ICANN in its
decision making?
Does the NTIA currently make decisions based on what is best for ICANN?

....."the ICANN community, and the global public interest."

The ICANN community is ??

The SMM is , mandated to act in whos  best interest?
The NTIA acts in whose best interest?

The NTIA does wield a significant amount of power...so much so that risk of
capture is negotiable.

So We would tend to want to mirror/duplicate the power of the NTIA as an
SMM or other instrument.
What other control line parameter do we have but the NTIA's power or
perceived power?

RD

Dear all,

Attached please find a memo that Jones Day lawyers just sent to Sidley and
Adler to respond to some of the characterizations of Jones Day's advice.

This memo is being forwarded to the CCWG-Accountability for transparency.

This memo was also circulated to the ICANN Board after it was sent to
CCWG-Accountability's Counsel.

—Grace

Begin forwarded message:

*> From:* Kate Wallace <kwallace at jonesday.com>
*> Date:* October 1, 2015 at 8:49:24 PM PDT
*> To:* "Gregory, Holly" <holly.gregory at sidley.com>, "Rosemary E. Fei" <
rfei at adlercolvin.com>
*> Cc:* Lizanne Thomas <lthomas at jonesday.com>, <jlevee at jonesday.com>,
"Kevin B Espinola" <kbespinola at jonesday.com>, John Jeffrey <john.jeffrey
<john.jeffrey at icann.org>@icann.org <john.jeffrey at icann.org>>, <
samantha.eisner at icann.org>
*> Subject:** Continued Counsel Dialogue*
>

> Dear Holly and Rosemary,
>
> In an effort to continue our dialogue, please see the attached document
responding to some of the issues raised in the slides you distributed on 29
September 2015.
>
> Thanks,
> Kate
>
> Kate Wallace
> Partner
*> JONES <http://www.jonesday.com/>**DAY® <http://www.jonesday.com/>** -
One Firm <http://www.jonesday.com/>**Worldwide <http://www.jonesday.com/>**℠
<http://www.jonesday.com/>*
> 555 S. Flower Street, 50th Floor
> Los Angeles, California 90071
> Office +1.213.243.2536
> kwallace at jonesday.com <kwallace at jonesday.com>
>
>
>
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