[CCWG-ACCT] Cruz / NTIA: Time to Get Expert Advice

Tue Sep 29 20:18:14 UTC 2015

Given the additional weeks or months that will be required to formulate a new accountability proposal and solicit public comments on it, NTIA may well have to extend the IANA contract again next year -- and the final decision on the transition may be made by the Sanders/Warren or Trump/Fiorina Administration (and there is no winking smiley face following that statement because it is entirely within the realm of possibility).

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

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

________________________________
From: Aikman-Scalese, Anne [AAikman at lrrlaw.com]
Sent: Tuesday, September 29, 2015 4:10 PM
To: 'Carlos Raul Gutierrez'; Phil Corwin
Cc: Avri Doria; accountability-cross-community at icann.org
Subject: RE: [CCWG-ACCT] Cruz / NTIA: Time to Get Expert Advice

We do not know the half of it with respect to planned action against this transition in Congress.  Does anyone think that this issue will die if Cruz gets an answer he doesn’t like?  You can bet various steps in the process have already been planned out by the RNC.  Cruz just agreed to carry the water.  Do we honestly think the average American is familiar enough with this area and this transition to support “giving the Internet away” ?

ICANN should be considering its PR campaign to the voters on this right now and should get out ahead of numerous candidates who are going to jump on the anti-transition bandwagon, some of whom may even be Democrats. Further, we do not know what Hillary, Bernie,  and Joe will each say if (and when) asked about this in upcoming Presidential debates.  This is a question that could EASILY be raised  in the upcoming Democratic debate.

The sooner we get an approved CCWG transition plan, the sooner ICANN can begin the public education process.

Anne

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Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Carlos Raul Gutierrez
Sent: Tuesday, September 29, 2015 6:34 AM
To: Phil Corwin
Cc: Avri Doria; accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Cruz / NTIA: Time to Get Expert Advice

Good point Phil
K street is very long......
On Sep 29, 2015 6:56 AM, "Phil Corwin" <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:
I have no objection to requesting input from Kerry and Boucher.

But let's recognize that their best contacts are with the Congressional Minority and the Administration, while the request to the GAO was sent by an Republican Senator running for President, the Chairmen of the House and Senate Judiciary Committees, and a congressman regarded as a thought leader on technology policy.

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

Twitter: @VLawDC

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

Sent from my iPad

On Sep 28, 2015, at 11:37 PM, Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>> wrote:
Time to activate this part of the team.

On Monday, September 28, 2015, Jordan Carter <jordan at internetnz.net.nz<mailto:jordan at internetnz.net.nz>> wrote:
The sooner the better. All the others are players in this drama.
Jordan

On 29 September 2015 at 16:20, Avri Doria <avri at acm.org<mailto:avri at acm.org>> wrote:
+1

On 28-Sep-15 22:35, Steve DelBianco wrote:
> Ed — An excellent idea.  In fact, Cam Kerry and Rick Boucher could
> advise CCWG via email right away.  Their insights could help us plan
> what we do in the days leading to Dublin.
>
> From: <accountability-cross-community-bounces at icann.org
<mailto:accountability-cross-community-bounces at icann.org%0b>> <mailto:accountability-cross-community-bounces at icann.org>> on behalf
> of Edward Morris
> Reply-To: "egmorris1 at toast.net <mailto:egmorris1 at toast.net><mailto:egmorris1 at toast.net%20%3cmailto:egmorris1 at toast.net%3e>"
> Date: Monday, September 28, 2015 at 9:46 PM
> To: Accountability Cross Community
> Subject: [CCWG-ACCT] Cruz / NTIA: Time to Get Expert Advice
>
> Hello everybody,
>
>
> Some of the unknowns facing this group going forward are as much
> political in nature as they are substantive or procedural. Do we take
> the opinion and perspective of Senator Ted Cruz seriously? Is it a
> threat to the transition? Is there something that we can do to be
> responsive to the genuine concerns of Senator Cruz? Are his concerns
> genuine?
>
> What about the NTIA? The deference shown to Secretary Strickling among
> some of us here is almost Papal in nature. What did Larry say, how did
> Larry say it, what did he really mean when he said it but really
> didn't say it. It's a bit ridiculous. I admire Secretary Strickling.
> He's a fine civil servant. His published salary, though, is less than
> that of a first year associate from a decent law school at a mid sized
> corporate law firm. He is not the all mighty. Commerce and the NTIA
> are complex places. Larry has absolute control of neither.
>
> I've read here today a legal analysis of the Senator's Constitutional
> challenge by someone I know to be neither an American nor a lawyer. I
> can click both boxes and I have my views but am I sure I'm right? No.
> It seems everyone here has an opinion as to what the NTIA will or will
> not accept from us. Do any of us really know? No.
>
> Prior to the Los Angeles meeting it was suggested that we might want
> to hear from ICANN's lobbyists, that they could explain to us their
> version of political reality. We properly rejected that offer. I think
> we've reached the point, though, where we do need to call upon the
> expertise of some Washington political professionals to help guide us
> through this part of the process. No more guesswork by amateurs or
>  implied threats by those with some self-interest in the matter. We're
> talking about who is going to run a vital part of the most powerful
> communications technology in human history. We need to do this
> right. Fortunately, we've already retained two such individuals who,
> if we wish, have the expertise and ability to assist us in this area.
>
> Back in the early days of this project when we were all young,
> innocent and hopeful :)  we retained not one but two law firms to help
> guide us. In retrospect that decision and two firms we chose to
> hire were amongst the best decisions we've made in this CCWG. I have
> complete faith in our lawyers and that is a rarity for me. I
> note  that one of the specific reasons we hired Sidley was for their
> Washington ties and expertise. During our interviews with the firm we
> were able to meet two of their professionals with the greatest
> knowledge of DC and government operations : Cam Kerry (
> http://www.sidley.com/people/cameron-f-kerry
> <http://www.sidley.com/people/cameron-f-kerry>)  and Rick Boucher
> ( http://www.sidley.com/people/rick-boucher ). Both men were extremely
> impressive.  It is time to tap their talents. We need serious advice
> in these areas from serious professionals.
>
> I would respectfully ask our Chairs and the full CCWG to consider
> inviting either Rick or Cam to Dublin to meet with the CCWG early in
> the week, preferably during the initial F2F. I think it's important
> that everyone has a chance to question them. We need this type of
> policy expertise from a politically  astute professional who owes a
> duty of care  to us, no one else, and whose rolodex allows him or her
> to reach out to those whose decisions will most impact our work.
> We need to know what political reality is if we are to maximise our
> potential as a very special and unique group dedicated to helping
> create a truly open and accountable governance mechanism for this
> small part of the networked world.
>
> Thanks for considering.
>
> Best,
>
> Ed Morris
>
>
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InternetNZ

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A better world through a better Internet

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