[CCWG-ACCT] On IRP subgroup summary being presented at Johannesburg

Malcolm Hutty malcolm at linx.net
Sun Jun 25 07:46:29 UTC 2017

On 25/06/2017 08:26, Sivasubramanian M wrote:
> Hello
> Unless there are unspoken and unseen merits, I have some concerns on
> some aspects of the summary:
> 1.  The idea of constraining ICANN to its bylaws figures very
> prominently in the summary, defined as one of the pillars, not really a
> supportive pillar, but sort of a not so well thought of negative
> command, " Don't allow ICANN to exceed its mission"

David was attempting to summarise a very long and extremely complex
instrument, which was negotiated in detail as part of WS1/transition

I believe David may have been referring in the "pillars" to section 4.3
(a) of the bylaws which sets out the "purposes of the IRP".

This says, in part,

"The IRP is intended to hear and resolve Disputes for the following
purposes ("Purposes of the IRP"):

(i) Ensure that ICANN does not exceed the scope of its Mission and
otherwise complies with its Articles of Incorporation and Bylaws.


Moreover, we need to remember that the IRP is only available under
specific circumstances. Essentially (and this may be a slight
oversimplification), to use the IRP you have to be making a claim that
ICANN breached its own bylaws, not merely that you would have preferred
it acted differently. The extent of the Mission (which is broad, but
clearly limited) and the instruction to act only within the scope of
that Mission, are both set out in the bylaws. So the above extract
should be understood in that context.

Does that provide sufficient context to David's remarks?

            Malcolm Hutty | tel: +44 20 7645 3523
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