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

Tue Apr 19 16:25:12 UTC 2016

Just a minor follow-up, as i said i am not suggesting removing AoI in the
text but at the same time i will not be opposed to it either. IMO as far as
CWG is concerned, i think bylaw is the most critical implementation
document of our proposal(especially in budget context).

That said, considering the subject of discussion is about ICANN budget i
will tend to say it has some form of dependency on the CCWG and i do
expect/hope that the final wording will be cross-checked with them as well.
Ofcourse i am not expecting any surprises. ;-)

Cheers!

On Tue, Apr 19, 2016 at 5:09 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> 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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>>>>> If you are not the intended recipient, please delete the e-mail and
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>>>>>
>>>>>
>>>>> ****************************************************************************************************
>>>>>
>>>>> _______________________________________________
>>>>> 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!
>>>>
>>>>
>>>>
>>>
>>>
>>> --
>>> ------------------------------------------------------------------------
>>>
>>>
>>>
>>>
>>>
>>> *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!
>
>
>

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

*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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