[CWG-Stewardship] FW: [client com] Input requested regarding Paragraph 106 of CWG Proposal

Tue Apr 19 14:21:21 UTC 2016

Dear Co-Chairs,

In the absence of any justification/clarification provided from Greg in
relation to my argument. Then i like to formerly note my disagreement with
what Greg suggested and maintain that "Mission of ICANN as set forth in the
Bylaws" is more appropriate; we cannot afford to be introducing unnecessary
ambiguities in the bylaw.

Regards

On Mon, Apr 18, 2016 at 4:16 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> Hello Jonathan/all,
>
> I actually think what is proposed by the lawyers is somewhat neater and
> straightforward, will be good to know specifically why Greg thinks the
> intent/scope of that section could exceed  "Mission of ICANN as set forth
> in the Bylaws" hence should be covered by "purpose, mission and role set
> forth in ICANN’s Articles and Bylaws..."
>
> It may be good to know what defines ICANN purpose and role aside those
> included in the Articles and Bylaws.
>
> Regards
>
> On Mon, Apr 18, 2016 at 3:45 PM, Jonathan Robinson <jrobinson at afilias.info
> > wrote:
>
>> All,
>>
>>
>>
>> Please see below from the Sharon @ Sidley.
>>
>>
>>
>> We have discussed this on the client committee and our view is that the
>> highlighted wording is adequate i.e. use the option 1 provided by Greg.
>>
>> Please let us know if you disagree, mindful that time is tight on all of
>> this.
>>
>>
>>
>> For ease of use, I have copied the client committee dialogue below.
>>
>>
>>
>> Thank-you
>>
>>
>>
>> Lise & Jonathan
>>
>>
>>
>> --
>>
>>
>>
>> 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> on behalf of Greg Shatan <
>> gregshatanipc at gmail.com>
>> *Date: *Saturday 16 April 2016 at 18:33
>> *To: *Sharon Flanagan <sflanagan at sidley.com>
>> *Cc: *"cwg-client at icann.org" <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
>>
>>
>>
>>
>>
>> *From:* Flanagan, Sharon [mailto:sflanagan at sidley.com]
>> *Sent:* 16 April 2016 02:29
>> *To:* Client Committee <cwg-client at icann.org>
>> *Subject:* [client com] Input requested regarding Paragraph 106 of CWG
>> Proposal
>>
>>
>>
>> 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]*
>>
>>
>>
>>
>>
>>
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>>
>>
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>>
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>>
>>
>
>
> --
> ------------------------------------------------------------------------
>
>
>
>
>
> *Seun Ojedeji,Federal University Oye-Ekitiweb:
> http://www.fuoye.edu.ng <http://www.fuoye.edu.ng> Mobile: +2348035233535**alt
> email: <http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
> <seun.ojedeji at fuoye.edu.ng>*
>
> Bringing another down does not take you up - think about your action!
>
>
>

-- 
------------------------------------------------------------------------

*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

Bringing another down does not take you up - think about your action!
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