[CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed Post-Transition Structure

[Grace Abuhamad]

The document has been updated to reflect Chuck¹s edits below and will be
posted shortly to the Public Comment page.

As I mentioned on Friday, we are working on a more comprehensive FAQ that
will cover more than the legal counsel-related questions. You¹ll see there
is an item (2.b.) on the agenda for tomorrow¹s call about the FAQ.

Best, 
Grace

From:  <Gomes>, Chuck <cgomes at verisign.com>
Date:  Friday, May 8, 2015 at 7:23 PM
To:  Grace Abuhamad <grace.abuhamad at icann.org>, "cwg-stewardship at icann.org"
<cwg-stewardship at icann.org>
Subject:  RE: [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed
Post-Transition Structure

The FAQ is very good and very helpful but I suggest that the three bullets
under the strengths for Question 1 be reordered as follows:
 
·       The proposed structure allows for a formal contract between ICANN
and the
IANA functions operator, which further evidences and supports functional
separation.
 
·       Without a contract, other means of establishing expectations
regarding
performance levels and related terms would need to be identified, which
would
likely be less formal and less enforceable than through a contractual
relationship.
Recourse for a ³breach² of those terms and conditions would be limited to
internal redress mechanisms such as through the IFR team and the CSC.
 
·       If there is a future need to separate or divest ICANN of the IANA
functions, the
work of identifying and segregating assets will have already been done. This
should enhance the separability of the IANA functions.
 
All I did is move what was the first bullet to the last bullet.  Because
separation is perceived as a last resort and unlikely option, it doesn¹t
seem to me that we should lead with that advantage.
 
Chuck
 
 

From: cwg-stewardship-bounces at icann.org
[mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Grace Abuhamad
Sent: Friday, May 08, 2015 4:12 PM
To: cwg-stewardship at icann.org
Subject: [CWG-Stewardship] FAQ on Legal Counsel Memorandum on Proposed
Post-Transition Structure
 

Dear all,

 

To help inform the public comment proceeding, we have put together a FAQ
based on Sidley's memorandum from 3 May. This FAQ will be posted on the
Public Comment page within the hour and included in the reference documents
related to the proposal:
https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04
-22-en

 

We are working on a more extensive FAQ based on the questions received
during the webinars.

 

Have a good weekend,

Grace

 

 


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