[Acct-Legal] RES: Draft questions

[Pedro Ivo Ferraz da Silva]

Dear Becky,

Thanks for your comments and for sharing your concerns.

Just to give you a quick and simple answer (to be further elaborated):

By "international status" and "not being subject to the legislation of a single country" I simply mean being subject to international legislation (which includes, e.g. in the case of an ordinary International organization, abiding by its Constitutive Treaty and other international norms). 

'Privileges and immunities' can be restricted in various levels. But I agree with you, it is an important aspect of this issue and I would expect it to be taken carefully  into consideration when this question is addressed by International Law experts. 

Regards,

Sec. Pedro Ivo Ferraz da Silva
Divisão de Sociedade da Informação (DI)
Ministério das Relações Exteriores
T: + 55 61 2030-6609


-----Mensagem original-----
De: ccwg-accountability5-bounces at icann.org [mailto:ccwg-accountability5-bounces at icann.org] Em nome de Burr, Becky
Enviada em: quinta-feira, 5 de março de 2015 19:07
Para: León Felipe Sánchez Ambía; ccwg-accountability5 at icann.org
Assunto: Re: [Acct-Legal] Draft questions

All -

I've looked at the current legal scoping document.  This is much better.  I do think, however, that Question 5 is potentially problematic.  What do you mean by "international status" and "not subject to the legislation of a single country." I would DEFINITELY object to ICANN getting privileges and immunities as an international organization - how could that possibly enhance accountability?  Also, as a matter of fact, ICANN is subject to the jurisdiction of many countries - where it does business, and subject to certain minimum contacts, where harms occur.  So I just don't agree with the premises in this question.

Becky


J. Beckwith Burr

Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer

1775 Pennsylvania Avenue NW, Washington, DC 20006

Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  / becky.burr at neustar.biz / www.neustar.biz


From: León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>
Date: Monday, February 23, 2015 at 10:54 PM
To: "ccwg-accountability5 at icann.org" <ccwg-accountability5 at icann.org>
Subject: [Acct-Legal] Draft questions


Dear all,

Attached you will find the first set of draft questions that I've been thinking could be submitted for independent legal advice.

Robin is working on the letter that would frame these questions.

Please be so kind to review this first draft set of questions and feel free to modify as convenient. Of course adding questions is encouraged.

Best regards,

León
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