[CCWG-ACCT] [Acct-Legal] REVISED memo

[Phil Corwin]

+1. It seems axiomatic that important decisions are to be made that should be fully informed by such an analytical comparison.

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell

Twitter: @VLawDC

"Luck is the residue of design" -- Branch Rickey

Sent from my iPad

On Sep 28, 2015, at 4:51 PM, Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>> wrote:

I support Keith's request and believe this analysis could help us to get to the heart of the matter more quickly, rather than dancing around the edges.  Let's ascertain in more precise detail just what can be achieved with these specific options, and then we weigh that against the requirements of NTIA, CWG, and our understanding of the community's wishes, as expressed through its participation in this process.

Now that we've had our LA consultations, we can move forward into completing this phase of analysis, considering all comments received and views expressed.  As we haven't yet completed that, let's not lose heart in this process and our ability to rise to the occasion and reach new points of consensus that can be built upon.

Best,
Robin



On Sep 28, 2015, at 11:21 AM, Drazek, Keith wrote:

Thanks to Rosemary and Holly for this revised document.

I would very much welcome a comparison of Sole Member, Sole Designator and Board proposal, as described in the paragraph excerpted below:

“As discussed at length leading up to the CCWG’s decision to propose the Community Mechanism as Sole Member Model, a Sole Designator Model would provide an alternative that provides fairly robust community powers and enforceability though less than the Sole Member Model.  We are preparing at the request of the CCWG a PowerPoint comparison of the Community Mechanism as Sole Member Model, the Sole Designator Model and the Board Proposal.  Our initial assessment is that the Board Proposal -- due to lack of the legal rights that can attach to a member and a designator -- is closest to the current status quo and would deliver the least robust and enforceable community powers of the three models.”

If the Board views membership as unacceptable, and the community is willing and able to accept that membership is off the table, then the Sole Designator model is likely to be the best, most mutually acceptable compromise solution. If we can evaluate Sole Designator against our goals and on the spectrum of choices, it will help to inform our decision-making about next steps, the path forward, and the final proposal.

I look forward to seeing the assessment.

Regards,
Keith



From: accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Rosemary E. Fei
Sent: Saturday, September 26, 2015 6:27 PM
To: León Felipe Sánchez Ambía (leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>); Thomas Rickert; Mathieu Weill (Mathieu.Weill at afnic.fr<mailto:Mathieu.Weill at afnic.fr>)
Cc: Sidley ICANN CCWG (sidleyicannccwg at sidley.com<mailto:sidleyicannccwg at sidley.com>); ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>; ICANN-Adler; Accountability Cross Community (accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>)
Subject: [CCWG-ACCT] REVISED memo

Dear Co-Chairs:

We have made some clarifying changes to the memo we sent earlier this week; a revised version is attached.

We would appreciate it if staff could post this in place of the prior version.

Thank you.

Rosemary and Holly

Rosemary E. Fei
Adler & Colvin
235 Montgomery Street, Suite 1220
San Francisco, CA 94104
415/421-7555 (phone)
415/421-0712 (fax)
rfei at adlercolvin.com<mailto:rfei at adlercolvin.com>
www.adlercolvin.com<http://www.adlercolvin.com>



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