[client com] Input requested regarding Paragraph 106 of CWG Proposal

[Greg Shatan]

Since this is an open ended list (ending with "or other matters of concern
to the community."), i don't think there's a big issue with including
"purpose" and "role".  However, I do think these  terms are different in
nature from the defined Mission, and from each other.  Purpose can be
traced back to, and is essentially defined in Article 2 of the ICANN
Articles of Incorporation; as such, it is similar to Mission in
specificity.  Role on the other hand is completely ambiguous and undefined.

Alternatives may be:

1.  Leave as is -- ambiguity and all (but to my mind only "role" is
ambiguous).
2.  Move role elsewhere in the list, without reference to the Articles and
Bylaws -- however, this makes it even more ambiguous (as currently drafted,
it's at least clear that the "role" needs to be derived from the Articles
and Bylaws in some fashion.
3.  Eliminate "role" entirely -- but we then run the risk of losing a point
that was being made by the CWG, since Role has a different connotation than
Mission or Purpose, and has more to do with how the Mission and Purpose are
carried out.

Greg


On Fri, Apr 15, 2016 at 9:28 PM, Flanagan, Sharon <sflanagan at sidley.com>
wrote:

> Dear All,
>
>
>
> There is language in the CWG proposal at paragraph 106 regarding budget
> approvals that refers to:  “The community may reject the ICANN Budget based
> on perceived inconsistency with the purpose, mission and role set forth
> in ICANN’s Articles and Bylaws, the global public interest, the needs of
> ICANN stakeholders, financial stability or other matters of concern to the
> community.”
>
>
>
> We’re requesting confirmation that the Mission of ICANN as set forth in
> the Bylaws is synonymous with the “purpose, mission and role” of ICANN as
> set forth in ICANN’s Articles and Bylaws for purposes of the CWG proposal.
> The concern is that “purpose” and “role” are otherwise ambiguous and not
> defined, whereas the Mission is carefully articulated.
>
>
>
> Thanks,
>
> Sharon
>
>
>
> *SHARON R. FLANAGAN*
>
>
> *SIDLEY AUSTIN LLP*
> 555 California Street
> Suite 2000
> San Francisco, CA 94104
> +1 415 772 1271
> sflanagan at sidley.com
> www.sidley.com
>
> *[image: SIDLEY]*
>
>
>
>
>
>
> ****************************************************************************************************
> This e-mail is sent by a law firm and may contain information that is
> privileged or confidential.
> If you are not the intended recipient, please delete the e-mail and any
> attachments and notify us
> immediately.
>
>
> ****************************************************************************************************
>
> _______________________________________________
> Cwg-client mailing list
> Cwg-client at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-client
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cwg-client/attachments/20160416/3b2dfe26/attachment.html>