[Acct-Legal] Fwd: [CCWG-ACCT] Legal Memo - Responses to CCWG GAC representatives Questions

[Greg Shatan]

I am passing this and a following email back into the Legal Subteam mailing
list for potential consideration and response by (or with the input of)
counsel.

Greg
---------- Forwarded message ----------
From: <Jorge.Cancio at bakom.admin.ch>
Date: Wed, Jun 10, 2015 at 6:37 AM
Subject: Re: [CCWG-ACCT] Legal Memo - Responses to CCWG GAC representatives
Questions
To: Mathieu.Weill at afnic.fr, accountability-cross-community at icann.org
Cc: holly.gregory at sidley.com, rfei at adlercolvin.com


 Dear Mathieu,



Thanks a lot for this document.



After having a first look into it, I would just like to observe that -at
least regarding the questions I have posed in CCWG calls or on the list-
they have only been partially answered.



To be more specific:

1) answer to question 4 misses the point an does not provide a response to
the dangers in asymmetrical composition between GAC and the eventual
GAC-UA;

2) response to question 5 is also very incomplete as it does not provide an
answer to the very specific questions contained in that question (*Question
5: As to the operation of the UA, while nowadays the infringement or
differing interpretation of GAC rules of procedure (e.g. operating
principles) have no legal consequence, this would change in case these
rules would be applied to an existing legal person (the UA)? What would be
the consequences of conflicts of interpretation between members of the
GAC-UA and/or of external stakeholders affected by decisions of the GAC-UA?
What legislation would they apply? What would be the responsibilities of
GAC-UA officers and/or members affected by such a conflict? How would they
specifically protected from liability? To what extent?*).

3) response to question 6 contains a number of “desiderata” (“so long”…
“should not”… “we are confident”) instead of a detailed legal analysis.

…



Personally I feel that answering quickly, reutilizing former documents
and/or linking generally to them is not really the proper way forward.
After having a look into several inputs made in the public consultation, I
see some of these issues put forward by different contributors, which is
again a sign of them being serious points which need to be addressed in
depth.



Therefore, I would kindly ask you to look again into these issues
accordingly



Best regards



Jorge Cancio



*Von:* accountability-cross-community-bounces at icann.org [mailto:
accountability-cross-community-bounces at icann.org] *Im Auftrag von *Mathieu
Weill
*Gesendet:* Dienstag, 9. Juni 2015 13:58
*An:* accountability-cross-community at icann.org
*Cc:* Rosemary E. Fei; Holly Gregory
*Betreff:* [CCWG-ACCT] Legal Memo - Responses to CCWG GAC representatives
Questions



Dear Colleagues,

Please find attached a lawyer's memo which provides legal answers to a list
of questions that were raised during the last few weeks by government
representatives, either on list, during the CCWG calls, or through the
public comment. It is also available on the wiki page collecting legal
responses :
https://community.icann.org/pages/viewpage.action?pageId=52890082

As discussed during our call this morning an updated version of the chart
on page 5 of governance powers memo (
https://community.icann.org/download/attachments/52890082/update%20Legal%20Assessment%20-%20Executive%20Summary%2C%20Summary%20Chart%20and%20Revised%20Governan....pdf?version=1&modificationDate=1430442481000&api=v2
) is currently being prepared.

Best regards,
Mathieu



-------- Message transféré --------

*Sujet : *

[Acct-Legal] Memo - Responses to CCWG GAC Questions

*Date : *

Tue, 9 Jun 2015 03:29:01 +0000

*De : *

Hilton, Tyler <thilton at sidley.com> <thilton at sidley.com>

*Pour : *

ccwg-accountability5 at icann.org <ccwg-accountability5 at icann.org>
<ccwg-accountability5 at icann.org>




 Dear Legal Sub-team,



Attached please find a memo responding to the list of questions from the
Governmental Advisory Committee (GAC) provided to us on June 5, 2015.



Best,



*TYLER* *HILTON*
Associate

Sidley Austin LLP
555 West Fifth Street
Los Angeles, CA 90013
+1.213.896.6130
thilton at sidley.com
www.sidley.com

[image: http://www.sidley.com/files/upload/signatures/SA-autosig.png]
<http://www.sidley.com/> *SIDLEY AUSTIN LLP*





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