[WP1] Content Draft with Comments and Tracked Changes - next (Final) draft out 0300 Friday UTC

[Greg Shatan]

Roelof,

I would not say that we are not following counsels' advice.  I think we are
weighing counsels' advice.  Personally, I agree with counsels' advice and
think we should go in that direction.  That said, we have practical
difficulties to deal with, particularly how to turn the various SOAC
entities (and conceivably other entities in the ICANN universe) into
statutory members.  However, many of the same difficulties appear again if
we deal with turning SOACs into unincorporated associations to serve as
designators (as counsel advised).

As for being slow and time-consuming, I don't disagree.  This is
unfortunately the byproduct of having a large group making decisions, and
is not limited to legal advice.  I can't say I have a solution.  But I hope
we can work through decisions as expeditiously as possible without undue
haste.

Greg



On Sun, Apr 19, 2015 at 12:25 PM, Roelof Meijer <Roelof.Meijer at sidn.nl>
wrote:

>   Greg, Jordan,
>
>  What I fail to understand is that -because we do not have the expertise
> „in house”- we hire two firms that are experts in this field, they give us
> their shared opinion and we do not follow that.
> It seems to me that this is one of those things that makes this whole
> process sometimes so slow and incredibly time consuming.
>
>  Do not misunderstand me, I respect the legal experts we have in the
> CCWG. But we pay (ICANN pays, so the internet community pays) dearly for
> this advice, they are both renown firms that we took quite some time to
> select. Why not accept the outcome and move forward, spending our precious
> time on all the work that still has to be done?
>
>  Best,
>
>  Roelof
>
>   From: Greg Shatan <gregshatanipc at gmail.com>
> Date: vrijdag 17 april 2015 17:28
> To: Roelof Meijer <roelof.meijer at sidn.nl>
> Cc: Jordan Carter <jordan at internetnz.net.nz>, "wp1 at icann.org" <
> wp1 at icann.org>
> Subject: Re: [WP1] Content Draft with Comments and Tracked Changes - next
> (Final) draft out 0300 Friday UTC
>
>   Roelof,
>
>  I'm not sure if this answers your question, but I will try.
>
>  We do have the recommendation from outside counsel that can be boiled
> down (though losing nuance) to the statement you quote.  However, it is our
> decision, not the lawyers', regarding the mechanism the CCWG will actually
> recommend (though such decision should duly take into account the lawyers'
> advice among other things).  "Clarity" regarding that decision by the CCWG
> has not yet been achieved.
>
>  Greg
>
> On Fri, Apr 17, 2015 at 11:10 AM, Roelof Meijer <Roelof.Meijer at sidn.nl>
> wrote:
>
>>  Dear Jordan, all,
>>
>>  I couldn’t attend the call, so I probably missed something.
>> But how did we end up with the two law firms we hire stating: „On
>> balance, “member” organization provides the clearest path for the ICANN
>> community to exercise the mechanisms and powers under consideration. „ and
>>  our rapporteur concluding: "Following the CCWG meeting on 10 April, the
>> rapporteur had assumed there would be clarity regarding the proposed
>> mechanism. This has not occurred*„*
>>
>>
>>  Best,
>>
>>  Roelof
>>
>>   From: Jordan Carter <jordan at internetnz.net.nz>
>> Date: donderdag 16 april 2015 23:10
>> To: "wp1 at icann.org" <wp1 at icann.org>
>> Subject: [WP1] Content Draft with Comments and Tracked Changes - next
>> (Final) draft out 0300 Friday UTC
>>
>>   Hi eveyone
>>
>>  Thanks for the call just now.
>>
>>  Attached is the working document.
>>
>>  Please review if you are inclined. If you have specific comments please
>> raise them ON THE LIST rather than just to me, so anyone else can react,
>> and I will take into account any comments on THIS version received by 0200
>> UTC on Friday.
>>
>>  I will take these comments, clean the document up, do what I can in the
>> time available to add things like the tables / options for votes, and
>> then...
>>
>>  ... and then circulate a nice clean Final Draft for you (and a mark up
>> showing what has changed from V3) at around *0300 UTC on Friday.*
>>
>>  Then you will have 21h to make any final comments or thoughts.
>>
>>  Then, I'll make final adjustments and send it to the co-chairs and
>> staff, or wherever they tell us to send it, for incorporation in the full
>> document.
>>
>>  This isn't perfect work folks, but it's pretty darn good given the pace
>> at which we are working.  *Thank you* for all the effort represented
>> here.
>>
>>  cheers
>> Jordan
>>
>>  --
>>   Jordan Carter
>>
>> Chief Executive
>> *InternetNZ*
>>
>> 04 495 2118 (office) | +64 21 442 649 (mob)
>> jordan at internetnz.net.nz
>> Skype: jordancarter
>>
>> *A better world through a better Internet *
>>
>>
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>>
>
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