<div dir="ltr"><div>Bruce</div><div>I do not really understand your wording</div><div>Do you want that ICANN "<font color="#500050">to seek to control what content domain registrants may or may not publish on web sites (or other such systems)."?</font></div><div>Pls clarify what really ICANN wants?</div><div>If currently they regulate the content, it would contracdict the proposed language by CCWG in " Mission " </div><div>If I understood the proposed language contained in the Mission by CCWG ,IT SIMPLY SAID </div><div><font color="#500050">" ICANN is not a regulator,"<br>> and does not regulate content through these contracts</font></div><div>Further, I do not really follow the logic why we have to devide the Mission in two parts:</div><div>One part a simple and concise mission elements and</div><div>Other part Scope of authority of ICANN</div><div>Ii AM AFRAID WHATEVER YOU WISH TO MENTION IN THE SECOND PART WOULD HAVE DIRECT IMPACT ON THE FIRST PART.</div><div>By the way, I have noticed that in the past I did send you Meany comments asking a reply BUT YOU HAVE INTENTIONALLY OR UNINTENTIONALLYY NOT replied to even one of them. I do not know the reason</div><div>The singer or the song</div><div> Regards</div><div>Kavouss </div><div>Kavouss <br></div></div><div class="gmail_extra"><br><div class="gmail_quote">2015-12-16 12:30 GMT+01:00 Malcolm Hutty <span dir="ltr"><<a href="mailto:malcolm@linx.net" target="_blank">malcolm@linx.net</a>></span>:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><span><br>
<br>
On 16/12/2015 10:27, Bruce Tonkin wrote:<br>
> Hello Becky,<br>
><br>
> We had recommended splitting the text into a simple mission statement<br>
> followed by a scope of responsibility.<br>
><br>
> The Mission Statement should be a short and simple statement that<br>
> conveys what ICANN's purpose is and relates to the specific sector of<br>
> activities in which ICANN operates.<br>
><br>
> Scope of Responsibilities: The Board suggests that the purpose of<br>
> this section is to define ICANN's current scope of responsibilities<br>
> within its Mission and in service to its Mission. It should describe<br>
> what ICANN does, not how it does it, and must not change ICANN's<br>
> existing role because that would have consequences for ICANN's<br>
> operations, commitments, and responsibility to the Community<br>
<br>
</span>Bruce,<br>
<br>
I saw this comment, but was uncertain as to the motivation for it.<br>
<br>
Do you simply want a nice, short, simple Mission for "marketing and<br>
communications" purposes? If so, I see no particular difficulty. I can<br>
see that it might be helpful in some contexts.<br>
<br>
However, we also say that the Mission is limited, that ICANN may not act<br>
outside the Mission, and that part of the IRP's job is to ajudicate on<br>
whether it has done so (and stop it from doing so), and all this is part<br>
of Fundamental Bylaws.<br>
<br>
If we split "Mission" into two parts, "Mission" and "Scope", are you<br>
content that all the corresponding changes are made so that the effect<br>
remains the same. i.e. The Bylaws say that the Scope is limited, that<br>
ICANN may not act outside the Scope, and that part of the IRP's job is<br>
to ajudicate on whether it has done so (and stop it from doing so), and<br>
all this also be part of Fundamental Bylaws?<br>
<br>
If we do that, all we've done is a wording change that may be helpful<br>
for communications. If, on the other hand, you want to move text out of<br>
the Mission definition into "Scope", but leave the Mission as the basis<br>
under which a challenge that ICANN has acted ultra vires is considered,<br>
(with the possibility that ICANN may act outside its Scope without<br>
recourse) then you are asking for a substantial change to the Mission<br>
limitation.<br>
<br>
I'm uncertain as to which you intend.<br>
<br>
Malcolm.<br>
<span><br>
<br>
><br>
> Suitable bylaws language supports the following two principles can be<br>
> incorporated into the scope of responsibilities: (1) ICANN's entering<br>
> into and enforcement of Registry and Registrar contracts is an<br>
> important component of ICANN's work in coordination and allocation of<br>
> names in the Root Zone of the DNS, and (2) ICANN is not a regulator,<br>
> and does not regulate content through these contracts.<br>
<br>
</span>"does not regulate" -> "shall not regulate".<br>
<br>
The latter is a prohibiion; the former is merely an assertion.<br>
<span class="im HOEnZb"><br>
> Regards, Bruce Tonkin<br>
><br>
><br>
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</span><span class="im HOEnZb">--<br>
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