[WP2] revised Mission, Commitments, Core Values -

[Robin Gross]

I agree that we do not need to modify this language for the contract on enforcement as it is already captured in the existing text.

Thanks,
Robin

On Jul 21, 2015, at 4:48 AM, Malcolm Hutty wrote:

> 
> 
> 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
>   Head of Public Affairs | Read the LINX Public Affairs blog
> London Internet Exchange | http://publicaffairs.linx.net/
> 
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> 
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