[Acct-Legal] [CCWG-ACCT] Public comment on draft Articles of Incorporation?

Tue Jul 5 17:51:06 UTC 2016

Dear Co-Chairs and CCWG Accountability Members and Participants,
Please let us know if we should be paying attention to issues regarding the Articles of Incorporation or if you prefer that ICANN Legal provide advice on these matters.  As you know, we did not participate in Helsinki and in the interests of economy no longer read on a daily basis the email exchanges.  Therefore this is meant as a friendly reminder that unless a matter is specifically addressed to us we are not following these developments.
Kind regards, Holly
HOLLY J. GREGORY
Partner and Co-Chair
Corporate Governance & Executive Compensation Practice Group
Sidley Austin LLP
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New York, NY 10019
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From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Schaefer, Brett
Sent: Monday, July 04, 2016 5:42 PM
To: Thomas Rickert
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] Public comment on draft Articles of Incorporation?

Thomas,

As stated in our public comment, I am concerned about the ambiguity of the AoI text on the global public interest. As I sent to the list last Sunday, I do not believe that Samantha's new text on the global public interest addresses the concerns raised in the June 20 call. Specifically, that the proposed phrasing leaves open the possibility that the GPI could at times be determined by non-bottom up multi-stakeholder process.

I suggest that the CCWG request the following text instead of Samantha's text circulated last Sunday: as such the global public interest shall be determined by the multistakeholder community through an inclusive bottom-up multistakeholder community process consistent with the mission set forth in the bylaws of the Corporation (“Bylaws”).

I believe that this text would remove any ambiguity about how GPI is determined.

I understand that this would be more controversial and not necessarily legally necessary, but I think that the AoI would be clearer if "organized" were replaced by "incorporated" or "organized and incorporated" and the location of the headquarters was inserted.

Best,

Brett

__________

On Jul 4, 2016, at 3:57 PM, Thomas Rickert <thomas at rickert.net<mailto:thomas at rickert.net>> wrote:
Dear all,
it was good to see many of you in Helsinki and I hope that you had safe trips back home.

We discussed the draft Articles of Incorporation during our last telco and agreed that Sam would send additional information to the list and all of us would then consider further whether or not all concerns have been removed.

Thanks to Sam for providing more information in the meantime.

With the end of the public comment period approaching rapidly, I would now like those of you who think we should raise concerns with a CCWG comment to write to the list within the next 24 hours (until 20.00 UTC on July 5th). Should any concerns raised get ssufficient traction to be considered a CCWG position, we will prepare a comment on that basis.

In any case, we will issue a brief CCWG comment supporting the draft either unconditionally or with any additional CCWG comments there might be based on the approach described above.

Thanks and kind regards,
Thomas
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________________________________
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
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