[CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

[Malcolm Hutty]

On 18/01/2016 01:54, Burr, Becky wrote:
> 
> So if an applicant includes obligations in the application, it is ok for
> ICANN to enforce those commitments? 

Not for purposes inconsistent with ICANN's Mission, no.

It shouldn't be surprising that ICANN cannot escape the limits of its
Bylaws simply by placing something inconsistent with them into a
contract. If a Registry placed something in its application that would,
if agreed, cause ICANN to act inconsistently with law that was
applicable to ICANN, you wouldn't expect the contract to override
applicable law. Nor should it override the governance of ICANN.

> What¹s the principle - freedom of
> contract? 

No.

The Registry's freedom of contract is not limited, subject to applicable
law. But ICANN's is freedom of contract is additionally limited by the
Bylaws.


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