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

Wed Apr 20 11:40:51 UTC 2016

Hello Sharon,

Please could you confirm the resolution of the point:

"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. "

Thank-you,

Jonathan

From: Flanagan, Sharon [mailto:sflanagan at sidley.com] 
Sent: 18 April 2016 18:26
To: 'Maarten Simon' <maarten.simon at sidn.nl>; Greg Shatan
<gregshatanipc at gmail.com>
Cc: Client Committee <cwg-client at icann.org>
Subject: Re: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

Thanks for the input.  We will propose back that the original wording of the
CWG proposal be retained.

Best regards,

Sharon

SHARON R. FLANAGAN

SIDLEY AUSTIN LLP
+1 415 772 1271
sflanagan at sidley.com <mailto:sflanagan at sidley.com> 

From: Maarten Simon [mailto:maarten.simon at sidn.nl] 
Sent: Monday, April 18, 2016 12:45 AM
To: Greg Shatan; Flanagan, Sharon
Cc: Client Committee
Subject: Re: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

I tend to agree with Greg that as the sentence ends with 'or other matters
of concern to the community' it is not an issue to use the text as is in the
proposal including ' purpose' and 'role' although these are not (formally)
defined. I therefore support his alternative 1.

From: <cwg-client-bounces at icann.org <mailto:cwg-client-bounces at icann.org> >
on behalf of Greg Shatan <gregshatanipc at gmail.com
<mailto:gregshatanipc at gmail.com> >
Date: Saturday 16 April 2016 at 18:33
To: Sharon Flanagan <sflanagan at sidley.com <mailto:sflanagan at sidley.com> >
Cc: "cwg-client at icann.org <mailto:cwg-client at icann.org> "
<cwg-client at icann.org <mailto:cwg-client at icann.org> >
Subject: Re: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

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
<mailto: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 <tel:%2B1%20415%20772%201271> 
sflanagan at sidley.com <mailto:sflanagan at sidley.com> 
 <http://www.sidley.com> www.sidley.com

  <http://www2.sidley.com/files/upload/signatures/SIDLEY_150-AUTOSIG.png> 

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