[client com] Instructions to Sidley

Flanagan, Sharon sflanagan at sidley.com
Wed Jun 3 23:53:01 UTC 2015

Hi All,

We note the comment to Sidley in the draft proposal as paragraph 177 (page 36).  Could you clarify what is needed from us on this ?

01                  The CWG-Stewardship proposal surrounds PTI with an accountability framework that strengthens fulfillment of the NTIA requirements (see Section V). This framework includes the CSC, the IFR, the Special IFR, and the enhanced customer complaint and escalation mechanisms. [GA1]

Also, Grace and Brenda – Could you please forward the latest version of the punch list to us?



Sidley Austin LLP
sflanagan at sidley.com<mailto:sflanagan at sidley.com>

From: cwg-client-bounces at icann.org [mailto:cwg-client-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Wednesday, June 03, 2015 1:58 PM
To: Lise Fuhr
Cc: Client
Subject: Re: [client com] Instructions to Sidley


That makes sense to me as well.  I'm not sure that (A) (language of conditionality) is truly "legal" but I think they are well placed to provide it.  I think we will also need Sidley to provide the voice of reason and reasoned/expert legal interpretation to help keep us from driving into the weeds or in reverse as some folks just won't let go of dearly-held beliefs and concerns despite the lack of a legal or factual basis.  This will be necessary on tomorrow's call (but hopefully, not too necessary).

As for #2, Grace has now circulated all of the ICG/CWG/CCWG meetings in one handy email.  From our POV, I expect that we would like Holly and/or Sharon (but preferably "and") at all the CWG meetings and at the Sunday info session, and I expect the Public Forum will deal with "us" as well.  We need to figure out if they should prepare anything more than just being prepared to field questions as they come.  Will they be presenting anything at any of our sessions?


On Wed, Jun 3, 2015 at 4:29 PM, Lise Fuhr <lise.fuhr at difo.dk<mailto:lise.fuhr at difo.dk>> wrote:
Hi All,
I can confirm the understanding.

Fra: cwg-client-bounces at icann.org<mailto:cwg-client-bounces at icann.org> [mailto:cwg-client-bounces at icann.org<mailto:cwg-client-bounces at icann.org>] På vegne af Jonathan Robinson
Sendt: 3. juni 2015 17:22
Til: Client
Emne: [client com] Instructions to Sidley
Prioritet: Høj


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 implementation

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 required.

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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 [GA1]Section on PTI may be elaborated through Sidley memos from 13 May

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