[CWG-Stewardship] Question for Sidley

[Seun Ojedeji]

MM:
I don’t know about the legal issues, but a “legal separation if needed
later” model strikes me as a very poorly thought- out idea.

SO:
If I were to plan for possible fire outbreak in a house, I won't start by
building my own fire station for the building. Instead I will ensure there
is a mechanism in the house that alerts the fire station whenever they are
required, that way I remove the huge overhead of hosting/running a fire
station even though I may never use it.

Last from me for tonight ;-)

Cheers!
sent from Google nexus 4
kindly excuse brevity and typos.
On 9 Apr 2015 19:49, "Milton L Mueller" <mueller at syr.edu> wrote:

>  Chuck:
>
> I don’t know about the legal issues, but a “legal separation if needed
> later” model strikes me as a very poorly thought- out idea.
>
>
>
> There were three key advantages the S-A discussion draft identified for
> legal separation. One was that creating a legally distinct affiliate now
> would make it future separation more stable and easy. In other words, if
> you don’t lay the groundwork for separability now, it won’t ever happen, or
> if we try to make it happen t will be very ugly and destabilizing. The
> other was that there would be an explicit contract between ICANN and IANA.
> The third was that there would be a distinct governance body devoted to
> IANA performance and oversight issues.
>
>
>
> There was also a fourth advantage – an important one that you seem to have
> overlooked – raised by Mr. Boucher, which is that the legal separation
> dramatically increases chances of getting Congressional approval.
>
>
>
> The idea of “legal separation if needed later” sacrifices all four of
> those virtues for the present, with a promise that, somehow, we will move
> to it if needed later. But this doesn’t make sense to me. First, without
> Congressional approval there may be no transition at all. Second, assuming
> we follow this model who would decide if it is “needed”? Your proposal
> provides no mechanism for actually doing it, so in effect the promise of
> “if needed” is a hollow one. Third If it might be needed in the future, why
> not do it now?
>
>
>
> Further, the purely internal model that you would propose for the short
> term would require major by-law changes to be implemented for
> accountability purposes (people keep sweeping that fact under the rug).
> These by-law changes have to be carefully coordinated with the CCWG in a
> complex process. So apparently you want ICANN and its community to make a
> lot of complex and interdependent by-law changes and then discard them
> later or change the rules again?
>
>
>
> No, this idea doesn’t pass the laugh test. We have to choose one or the
> other.
>
>
>
> *From:* cwg-stewardship-bounces at icann.org [mailto:
> cwg-stewardship-bounces at icann.org] *On Behalf Of *Gomes, Chuck
> *Sent:* Wednesday, April 8, 2015 9:10 PM
> *To:* cwg-stewardship at icann.org
> *Subject:* [CWG-Stewardship] Question for Sidley
>
>
>
> Are there any legal issues that the CWG should be concerned with if it
> considered proposing a functional separation model for the initial
> transition and a legal separation model if needed at a later date?
>
>
>
> Chuck
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