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

Wed Apr 20 15:13:56 UTC 2016

Hi Jonathan,

Just a very minor clarifying question (which you or legal could answer);
did legal revert because they now confirm lack of ambiguity in the text?

That said, I have no problem about the text reverted to but their response
to my question could make a difference.

Regards
Sent from my LG G4
Kindly excuse brevity and typos
On 20 Apr 2016 09:58, "Jonathan Robinson" <jrobinson at afilias.info> wrote:

All,

Please note the response from Sharon Flanagan below.

Jonathan

*From:* Flanagan, Sharon [mailto:sflanagan at sidley.com]
*Sent:* 20 April 2016 14:43
*To:* 'jrobinson at afilias.info' <jrobinson at afilias.info>; '
maarten.simon at sidn.nl' <maarten.simon at sidn.nl>; 'gregshatanipc at gmail.com' <
gregshatanipc at gmail.com>

*Cc:* 'cwg-client at icann.org' <cwg-client at icann.org>
*Subject:* Re: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

We reverted to the language of the CWG proposal which covered all three:
mission, role and purpose.

Sharon R. Flanagan
Sidley Austin LLP
SF tel: 415-772-1271
PA tel: 650-565-7008
Email: sflanagan at sidley.com

*From*: Jonathan Robinson [mailto:jrobinson at afilias.info
<jrobinson at afilias.info>]
*Sent*: Wednesday, April 20, 2016 04:40 AM
*To*: Flanagan, Sharon; 'Maarten Simon' <maarten.simon at sidn.nl>; 'Greg
Shatan' <gregshatanipc at gmail.com>
*Cc*: 'Client Committee' <cwg-client at icann.org>
*Subject*: RE: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

Hello Sharon,

Please could you confirm the resolution of the point:

“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. ”

Thank-you,

Jonathan

*From:* Flanagan, Sharon [mailto:sflanagan at sidley.com <sflanagan at sidley.com>]

*Sent:* 18 April 2016 18:26
*To:* 'Maarten Simon' <maarten.simon at sidn.nl>; Greg Shatan <
gregshatanipc at gmail.com>
*Cc:* Client Committee <cwg-client at icann.org>
*Subject:* Re: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

Thanks for the input.  We will propose back that the original wording of
the CWG proposal be retained.

Best regards,

Sharon

*SHARON R. FLANAGAN*

*SIDLEY AUSTIN LLP*+1 415 772 1271
sflanagan at sidley.com

*From:* Maarten Simon [mailto:maarten.simon at sidn.nl <maarten.simon at sidn.nl>]

*Sent:* Monday, April 18, 2016 12:45 AM
*To:* Greg Shatan; Flanagan, Sharon
*Cc:* Client Committee
*Subject:* Re: [client com] Input requested regarding Paragraph 106 of CWG
Proposal

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

On Fri, Apr 15, 2016 at 9:28 PM, Flanagan, Sharon <sflanagan at sidley.com>
wrote:

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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