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

Tue Apr 19 16:09:21 UTC 2016

Hello Greg,

I am not proposing removal of that AOI i am saying if "purpose and role" is
not defined/clear then we should remove it. However based on your response
(re: purpose) which i hope is a legal fact about where purpose is defined(i
am not a lawyer so won't doubt on that), I will then say having it
read as *"purpose
and mission set forth in ICANN’s Articles and Bylaws"* will be more
appropriate which is still different from your option 1.

Regards

On Tue, Apr 19, 2016 at 4:44 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> 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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>>>>
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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!
>>
>>
>>
>> _______________________________________________
>> CWG-Stewardship mailing list
>> CWG-Stewardship at icann.org
>> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>>
>>
>

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

*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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