[client com] Instructions to Sidley

Jonathan Robinson jrobinson at afilias.info
Wed Jun 3 15:11:57 UTC 2015



Following discussions within the CWG last week, and again yesterday, it
seems essential that we communicate effectively with Sidley in three areas:


1.       The CWG's requirements in order to finish the proposal

2.       The CWG's requirements to support the proposal in B.A.

3.       The CWG's potential requirements post B.A. and/or with


Arguably, the current scope of work deals with 1 & 2 above and we have not
yet properly scoped or discussed 3.

Of 1 & 2 above, 1 is clearly most urgent so I'll concentrate on that here.


N.B. Our current plan is to have the final reading of the proposal in
tomorrow's CWG meeting


It is my understanding that we need to secure the following from Sidley in
advance of concluding the final proposal for send-off next week.


A.      A form of language which effectively captures the conditional nature
of the proposal i.e. that the proposal is valid if and only if adequate
accountability mechanisms 
(as currently contemplated by the CWG in conjunction with the CCWG) are in
place at the time of the transition (or failing that or irrevocably
committed to being in place within a defined and agreed timeframe).

B.      A confirmation around the use (or not) of the ICANN bylaws (golden?)
as described in the CWG proposal in order to capture the necessary
components of the CWG proposal that need to be enshrined in the ICANN bylaws

C.      A confirmation that the final proposal is consistent with Sidley's
advice given to date and, to the extent that it is not, what changes are


Please can you confirm this understanding as soon as possible in order that
this position and associated instructions can be communicated to Sidley as
soon as possible. 


Given that I believe tomorrow's scheduled Client Committee meeting is
leaving it too late, I have taken the opportunity to directly communicate
this draft scope of final instructions (A-C above) to Holly & Sharon so that
they are on notice that we are working it up.


Thank-you for your prompt attention to this.





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