[client com] Draft CWG Comment Letter on CCWG Final Proposal

Flanagan, Sharon sflanagan at sidley.com
Fri Feb 19 21:56:47 UTC 2016

Dear All,

Attached please find a draft of the CWG letter to the CCWG regarding the CCWG Supplemental Final Proposal.

As noted in our prior email, with respect to the CWG dependency for an empowered community there was a request in the prior CWG comment letter for CCWG to consider whether the timelines in the prior CCWG proposal for SO/AC action were sufficiently long.  The revised CCWG proposal has extended some of these timelines.  As noted in our prior email, while this is not strictly an issue of conformity with the CWG proposal as the CWG proposal does not address this type of detail, we wanted to confirm that CWG was satisfied with the response to its prior comment letter.

Please also note that the community power to recall the entire ICANN Board is modified when the Board is to be recalled for implementing GAC advice.  Specifically, if the Empowered Community initiates an IRP challenging the Board’s implementation of GAC advice as being inconsistent with the ICANN Bylaws but does not prevail in the IRP, the Empowered Community may not exercise its power to recall the entire Board solely on the basis of the matter decided by the IRP. The Empowered Community may, however, exercise the power to recall the entire Board based on other grounds.  We don’t believe this directly impacts the CWG dependency, but we did want to note it.

Please let us know if you have any questions or would like to discuss.

Kind regards,
Holly and Sharon



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