[client com] CCWG Proposal

Flanagan, Sharon sflanagan at sidley.com
Wed Dec 16 05:58:50 UTC 2015

Dear Client Committee and ICANN Staff,

Below is proposed language to replace the current conclusion in the draft comment letter under Item 7, Appeals Mechanism.

Also, we noted that the ICANN bylaws was an agenda item on the CWG call today.  Were there any actions for Sidley in that regard or should we continue to stand by?

Lastly, would you like us to more formally review the comments from the ICANN board on the CCWG proposal for potential impact on the CWG dependencies?

Rider for Comment Letter:
“Conclusion – As we noted in our comment letter to the Second Draft Proposal, the Third Draft Proposal does not explicitly address the CWG-Stewardship requirement that an independent review process be available for claims relating to actions or inactions of PTI.  This requirement could be addressed in a number of ways.  For example, a provision could be added to the ICANN bylaws that would require ICANN to enforce its rights under the ICANN-PTI Contract/Standard of Work (SOW), with a failure by ICANN to address a material breach by PTI under the contract being grounds for an IRP process by the Empowered Community (after engagement and escalation).   Another approach would be to expand and modify, as appropriate, the IRP process currently contemplated by the Third Draft Proposal to cover claims relating to actions or inactions of PTI, with the ICANN bylaws and PTI governance documents expressly confirming that the IRP process is binding on PTI (which provisions would be fundamental bylaws that could not be amended without community approval). Regardless of approach, the CWG-Stewardship requires that this dependency be addressed in the final CCWG-Accountability proposal in order for the CWG-Stewardship to confirm that the conditions of the CWG-Stewardship final transition proposal have been adequately addressed.”

Best regards,
Holly and Sharon
+1 415 772 1271
sflanagan at sidley.com<mailto:sflanagan at sidley.com>
[http://www.sidley.com/files/upload/signatures/SA-autosig.png]<http://www.sidley.com/> SIDLEY AUSTIN LLP

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