[WP2] revised Mission, Commitments, Core Values -

[Malcolm Hutty]

On 20/07/2015 17:53, Burr, Becky wrote:
> I have updated this to reflect where I think we are.  But I might be
> wrong, and I acknowledge that members of the GAC object to the language
> in Core Value 8 (previously 11)

Becky,

The issue with the language in the "enumerated powers" clause on page 2
remains (namely, that "not specifically authorised in these Bylaws"
could trigger a search of the entire bylaws for implicit expansions of
the Mission).

The previous text

"ICANN shall have no power to act other than in accordance
with, and as reasonably necessary to achieve its Mission. "

solves this problem. It is also more clear and more succinct.

With regard to the input from BC about contract enforcement, I agree
with your reply and do not think that this language limits proper
enforcement: it is a perfectly proper part of ICANN's mission to ensure
that  ".bank" domains, which are intended to be available only to
registered banks, are indeed not available to non-banks. Enforcing
contracts to achieve that end falls squarely within "as reasonably
necessary to achieve the mission".

So I don't think any further change is needed to accomodate their input:
I think it is already fully accomodated. But if they remain
dissatisfied, we should look to clarify the text about the content of
the mission, rather than weaken the text that says "only act within the
mission".

-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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