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

Paul Rosenzweig paul.rosenzweig at redbranchconsulting.com
Tue Jun 27 01:41:16 UTC 2017


On the contrary, the “closed” nature of ICANN’s mission was critical to the decision of many to support the transition in the first instance.  A free-standing organization not bound by a narrow mission statement is scary.    Like James, I am glad we put this behind us and I will hope strongly that nobody seeks to reopen the matter.

 

Paul

 

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From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Sivasubramanian M
Sent: Sunday, June 25, 2017 10:36 AM
To: Greg Shatan <gregshatanipc at gmail.com>
Cc: CCWG Accountability <accountability-cross-community at icann.org>
Subject: Re: [CCWG-ACCT] On IRP subgroup summary being presented at Johannesburg

 

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 <mailto: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 <mailto:isolatedn at gmail.com> > wrote:

Expand Article 1 ????

 

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

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


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