[CCWG-ACCT] Lawyers' Comments on CCWG Comments on Draft New ICANN Bylaws

[Jordan Carter]

Thanks Holly, Rosemary, for this.

In respect of your substantive comments I agree with you regarding comment
9 (which I think arose from the complexity of the document, as not all
"parts" of the carve out are referenced in all places - rightly from a
drafting point of view, but a little hard to follow for us non-lawyers),
and comment 10 too.

On comment 10 however, I'd like to be clear that the reason a rationale is
presented is as a matter of explanation. The decisional process which
follows is not reliant on that explanation or rationale being judged
against non-existent objective criteria. The presentation of rationale is
simply so that DPs have to go on the record saying why they are acting as
they are.

Can you please assure me and us that the draft bylaws do not create a
situation where anything published as a rationale can be used to block or
interfere with the rights of decisional participants to exercise their
powers?  (The exception is where the budget related powers are being used,
as it is clearly discernable whether or not an issue was raised in the
public engagement process or not.)

Many thanks
Jordan


On 8 May 2016 at 05:27, Grapsas, Rebecca <rebecca.grapsas at sidley.com> wrote:

> Holly Gregory asked that I forward the email below.  Please post to the
> CCWG and BCG lists on her behalf.
>
>
>
>
>
> Dear CCWG-ACCT Co-Chairs, Members, Participants, and ICANN Staff,
>
>
>
> Attached please find comments from Sidley and Adler on the CCWG’s Comments
> on Draft New ICANN Bylaws (tracked changes in Word and PDF).
>
>
>
> Please note that we have serious concerns around comments 9 and 10 and
> believe that, as currently stated, they are based on misreadings of the
> draft Bylaws in the relation to the CCWG Proposal.
>
>
>
> Kind regards,
>
>
>
> Holly and Rosemary
>
>
>
> *HOLLY* *J. GREGORY*
> Partner and Co-Chair
> Corporate Governance & Executive Compensation Practice Group
>
> *Sidley Austin LLP*
> 787 Seventh Avenue
> New York, NY 10019
> +1 212 839 5853
> holly.gregory at sidley.com
> www.sidley.com
>
>
>
>
>
>
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-- 
Jordan Carter

Chief Executive
*InternetNZ *

+64-4-495-2118 (office) | +64-21-442-649 (mob) | Skype: jordancarter
jordan at InternetNZ.net.nz | www.InternetNZ.nz

*A better world through a better Internet*
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