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

[Sivasubramanian M]

Expand Article 1 ????

On Sun, Jun 25, 2017 at 12:33 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> This is a distinction without a difference.  ICANN's Mission is set forth
> in Article 1 of the Bylaws.  Thus, if ICANN exceeds its Mission, it
> contravenes its Bylaws.
>
> Greg
>
> On Sun, Jun 25, 2017 at 11:55 AM, Sivasubramanian M <isolatedn at gmail.com>
> wrote:
>
>> Dear Malcolm
>>
>>
>> Thank you for explaining the context. But I was actually trying to take
>> this reference to mission and bylaws somewhat beyond the immediate context.
>> ICANN's mission at a Global entity operating in Global Public Interest
>> ought not to be straight-jacketed. If limited, ICANN would be severely
>> restrained from doing what it takes to care for the DNS. Section 4.3 needs
>> an amendment, even if it is late into the work stream to make this
>> suggestion, as IRP ought not to be restrained by this limited view of
>> ICANN's mission. The task before the IRP is to examine if ICANN CONTRAVENED
>> its bylaws and not if it EXCEEDED its mission.
>>
>> Sivasubramanian M
>>
>> On Sun, Jun 25, 2017 at 9:46 AM, Malcolm Hutty <malcolm at linx.net> wrote:
>>
>>> 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
>>> negotiations.
>>>
>>> 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.
>>>
>>> [....continues]"
>>>
>>> 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
>>>    Head of Public Affairs | Read the LINX Public Affairs blog
>>>  London Internet Exchange | http://publicaffairs.linx.net/
>>>
>>>                  London Internet Exchange Ltd
>>>            Monument Place, 24 Monument Street London EC3R 8AJ
>>>
>>>          Company Registered in England No. 3137929
>>>        Trinity Court, Trinity Street, Peterborough PE1 1DA
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>>
>>
>>
>> --
>> Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
>>
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>>
>>
>


-- 
Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
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