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

Sivasubramanian M isolatedn at gmail.com
Sun Jun 25 14:36:15 UTC 2017


Greg,

I agree with your observations, especially on the work done by this working
group and I have ample respect for the process and all the participants. At
the same time, I stand by my comment, though late, that Article 1 requires
attention, if not immediately, in course of time. In the meantime, ICANN
could remain open to the idea that its mission ought not to be so
restricted.

Thank you.

On Sun, Jun 25, 2017 at 1:37 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> ​Workstream 1 spent a huge amount of time on ICANN's Mission, Commitments
> and Core Values.  What we now have is result of many many discussions about
> the scope of ICANN's Mission.  Whether or not you agree with all the
> elements (and I don't), if you respect the process (imperfect though it may
> be), you need to respect the result.​  Discussions of expanding Article 1
> are tantamount to asking for another bite at the apple within the same
> Working Group.
>
> Greg
>
> On Sun, Jun 25, 2017 at 1:24 PM, Sivasubramanian M <isolatedn at gmail.com>
> wrote:
>
>> 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
>>>>> _______________________________________________
>>>>> Accountability-Cross-Community mailing list
>>>>> Accountability-Cross-Community at icann.org
>>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>>>
>>>>
>>>>
>>>>
>>>> --
>>>> Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
>>>>
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
>>>> Accountability-Cross-Community at icann.org
>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>>
>>>>
>>>
>>
>>
>> --
>> Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
>>
>
>


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