[CCWG-ACCT] proposed language for Mission statement on contract enforcement

[Burr, Becky]

In Dublin we discussed, both in our working meetings and over two brown bag lunches, an approach to addressing concerns about the Mission Statement prohibition on regulation of services that use the Internet’s unique identifiers, or the content that such services carry or provide.  The following language (in blue) is proposed to address this concern:

ICANN shall have no power to act other than in accordance with, and as reasonably appropriate to achieve its Mission. Without in any way limiting the foregoing absolute prohibition, ICANN shall not regulate services that use the Internet's unique identifiers, or the content that such services carry or provide.  In service of its Mission, ICANN shall have the ability to enforce agreements with contracted parties, subject to established means of community input on those agreements and reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars.

What we discussed (over the lunches) as a reasonable check and balance  (in addition to existing mechanisms such as public comment, etc.) is a new mechanism whereby registries and registrars are permitted to sign RAs and RAAs subject to a public reservation that they intend to challenge one or more specified provisions of such agreements on the grounds that the provision(s) would exceed the scope of ICANN’s Mission.   This mechanism will need to be developed.




J. Beckwith Burr
Deputy General Counsel & Chief Privacy Officer

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