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

Wed Apr 20 06:43:47 UTC 2016

Dear Seun & CWG colleagues,

Lise and I have discussed this and we will follow with Sidley via the Client Committee to be sure where this has settled.

In particular, did Sharon’s question (see immediately below) get answered / resolved.

“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.”

Thank-you,

Lise & Jonathan

From: Seun Ojedeji [mailto:seun.ojedeji at gmail.com] 
Sent: 19 April 2016 15:21
To: Jonathan Robinson <jrobinson at afilias.info>
Cc: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] FW: [client com] Input requested regarding Paragraph 106 of CWG Proposal

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 <mailto: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 <mailto: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 <mailto:cwg-client-bounces at icann.org> > on behalf of Greg Shatan <gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com> >
Date: Saturday 16 April 2016 at 18:33
To: Sharon Flanagan <sflanagan at sidley.com <mailto:sflanagan at sidley.com> >
Cc: "cwg-client at icann.org <mailto:cwg-client at icann.org> " <cwg-client at icann.org <mailto: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 <mailto:sflanagan at sidley.com> ] 
Sent: 16 April 2016 02:29
To: Client Committee <cwg-client at icann.org <mailto: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 <tel:%2B1%20415%20772%201271> 
sflanagan at sidley.com <mailto:sflanagan at sidley.com> 
 <http://www.sidley.com> www.sidley.com

  <http://www2.sidley.com/files/upload/signatures/SIDLEY_150-AUTOSIG.png> 

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-- 

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

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

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

-- 

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

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

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

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