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

Tue Apr 19 15:44:59 UTC 2016

Seun,

I don't understand your argument.  Can you clarify what you are arguing and
what result you are proposing.  If you are proposing removing the reference
to the Articles of Incorporation (which define ICANN's "purpose"), please
explain why that should be changed from the CWG's final report.

Thanks!

Greg

On Tue, Apr 19, 2016 at 10:21 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> 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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>>>
>>
>>
>> --
>> ------------------------------------------------------------------------
>>
>>
>>
>>
>>
>> *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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> https://mm.icann.org/mailman/listinfo/cwg-stewardship
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>
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