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

Mon Apr 20 15:04:18 UTC 2015

Greg,

Thanks for that. Still, if I look at the difference in "amount of boxes ticked" in the part „summary of desired powers” of the slide deck of 14 April prepared by counsel, I see no point in continuing to evaluate counsel’s advice re designators.

Maybe you can help me out on another point though. In their memorandum/legal assessment of April 10, Sidley and Adler & Colvin mentioned the possibility of a „sole membership” structure. Meaning –as far as I understood it- that not every AC and every SO would become a member (and thus would have to become a legal entity), but the group of representatives of the SO’s and AC’s would form a single legal entity and would become ICANN’s sole member.
I have sent several emails to this list suggesting we follow this up as one of the serious possibilities, without –as far as I am aware- any effect.
Do you have any idea what happened to this particular part of counsel’s advice?

Best,

Roelof

From: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Date: maandag 20 april 2015 06:27
To: Roelof Meijer <roelof.meijer at sidn.nl<mailto:roelof.meijer at sidn.nl>>
Cc: Jordan Carter <jordan at internetnz.net.nz<mailto:jordan at internetnz.net.nz>>, "wp1 at icann.org<mailto:wp1 at icann.org>" <wp1 at icann.org<mailto:wp1 at icann.org>>
Subject: Re: [WP1] Content Draft with Comments and Tracked Changes - next (Final) draft out 0300 Friday UTC

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<mailto: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<mailto:gregshatanipc at gmail.com>>
Date: vrijdag 17 april 2015 17:28
To: Roelof Meijer <roelof.meijer at sidn.nl<mailto:roelof.meijer at sidn.nl>>
Cc: Jordan Carter <jordan at internetnz.net.nz<mailto:jordan at internetnz.net.nz>>, "wp1 at icann.org<mailto:wp1 at icann.org>" <wp1 at icann.org<mailto: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<mailto: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<mailto:jordan at internetnz.net.nz>>
Date: donderdag 16 april 2015 23:10
To: "wp1 at icann.org<mailto:wp1 at icann.org>" <wp1 at icann.org<mailto: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

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jordan at internetnz.net.nz<mailto:jordan at internetnz.net.nz>
Skype: jordancarter

A better world through a better Internet

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