[WP2] slightly revised mission, commitments, core values for discussion later today

Wed Jul 22 18:00:38 UTC 2015

Note that this is the language used by Argentina in its contribution to the GAC compilation

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  / becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz

From: Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>>
Date: Wednesday, July 22, 2015 at 1:58 PM
To: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Cc: Mathieu Weill <Mathieu.Weill at afnic.fr<mailto:Mathieu.Weill at afnic.fr>>, Becky Burr <becky.burr at neustar.biz<mailto:becky.burr at neustar.biz>>, "wp2 at icann.org<mailto:wp2 at icann.org>" <wp2 at icann.org<mailto:wp2 at icann.org>>
Subject: Re: [WP2] slightly revised mission, commitments, core values for discussion later today

That is my understanding of the reason for the qualification also, Greg.  To do otherwise, would imply that sovereign rights extend into other countries' jurisdictions and we obviously couldn't mean that, so it is an important qualification.

Robin

On Jul 22, 2015, at 9:52 AM, Greg Shatan wrote:

I think the rationale was that any particular government or public authority is only responsible for public policy within its own jurisdiction.

Thus, that would mean that governments and public authorities are only responsible for public policy within their respective jurisdictions.

Without this addition, one could read the original statement to propose that any government or grouping of governments can take on a public policy issue, without being limited to their jurisdiction or jurisdiction(s).

Greg

On Wed, Jul 22, 2015 at 12:26 PM, Mathieu Weill <mathieu.weill at afnic.fr<mailto:mathieu.weill at afnic.fr>> wrote:
Thanks Becky,

I remember some pushback from the right side of the room on the jurisdiction but am not sure who. Someone reminded me privately of this part of the Tunis agenda, which specifically does not mention this : « Policy authority for Internet-related public policy issues is the sovereign right of States. They have rights and responsibilities for international Internet-related public policy issues. » (para 35 I think).

But as I said, my main concern so far is that I am unable to locate our own rationale for that proposal. We were also challenged about not providing the rationale for our core value changes. I'd like to help bridging this gap.

So if someone could expand about why they feel so strongly about it ?

Mathieu

Le 22/07/2015 18:12, Burr, Becky a écrit :
The suggestion for using ATRT language is a good one.

I don’t remember pushback on the "within their respective jurisdictions" language in Paris – and I would have because several members of WP2 feel very strongly about this point.

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932<tel:%2B%201.202.533.2932>  Mobile:  +1.202.352.6367<tel:%2B1.202.352.6367>  / <mailto:becky.burr at neustar.biz> becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz<http://www.neustar.biz/>

From: Mathieu Weill <mathieu.weill at afnic.fr<mailto:mathieu.weill at afnic.fr>>
Reply-To: "<mailto:Mathieu.Weill at afnic.fr>Mathieu.Weill at afnic.fr<mailto:Mathieu.Weill at afnic.fr>" <Mathieu.Weill at afnic.fr<mailto:Mathieu.Weill at afnic.fr>>
Date: Wednesday, July 22, 2015 at 6:43 AM
To: Becky Burr <<mailto:becky.burr at neustar.biz>becky.burr at neustar.biz<mailto:becky.burr at neustar.biz>>, Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>>
Cc: "<mailto:wp2 at icann.org>wp2 at icann.org<mailto:wp2 at icann.org>" <wp2 at icann.org<mailto:wp2 at icann.org>>
Subject: Re: [WP2] slightly revised mission, commitments, core values for discussion later today

Dear WP2 colleagues,

I want to thank all of you for trying very hard to find agreement on all these topics. I appreciate how everyone is keeping an open mind.

I may have missed this in the discussions but what is the rationale for inserting the words "within their respective jurisdictions" in Core Value 7 (ex-11). I remember we had some pushback on this in Paris.

While remaining rooted in the [private sector], including business stakeholders, civil society, the technical community, and academia, recognizing that governments and public authorities are responsible for public policy within their respective jurisdictions and duly taking into account the public policy advice of governments and public authorities

The proposed addition in Article XI  of the sentence below is also attracting some pushback.
or where the Advisory Committee has not explained the specific reason(s) for its advice.
My personal view is that it may not be most appropriate to have this criteria in the same sentence and at the same level as "not exceeding the Mission".

I also wonder whether we could find ATRT agreed language on the provision of rationales in support of advice. It seemed to me that these reviews had contributed to significant improvements in that regard and the use of "agreed language" often helps when time is short.

Best,

Le 21/07/2015 20:43, Burr, Becky a écrit :
Whoops, apologies – will fix that in the discussion

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932<tel:%2B%201.202.533.2932>  Mobile:  +1.202.352.6367<tel:%2B1.202.352.6367>  / becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz<http://www.neustar.biz/>

From: Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>>
Date: Tuesday, July 21, 2015 at 2:36 PM
To: Becky Burr <becky.burr at neustar.biz<mailto:becky.burr at neustar.biz>>
Cc: "<mailto:wp2 at icann.org>wp2 at icann.org<mailto:wp2 at icann.org>" <<mailto:wp2 at icann.org>wp2 at icann.org<mailto:wp2 at icann.org>>

Subject: Re: [WP2] slightly revised mission, commitments, core values for discussion later today

Looks good - except it is missing the critical word of "not".  So it should read:

[...] ICANN shall have no authority to act or refrain from acting in response to input advice from an Advisory Committee where such advice would require ICANN to exceed its Mission or violate these Bylaws or where the Advisory Committee has not explained the specific reason(s) for its advice.

Thank you,
Robin

On Jul 21, 2015, at 11:30 AM, Burr, Becky wrote:

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932<tel:%2B%201.202.533.2932>  Mobile:  +1.202.352.6367<tel:%2B1.202.352.6367>  / <mailto:becky.burr at neustar.biz> becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz<http://www.neustar.biz/>
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Mathieu WEILL
AFNIC - directeur général
Tél: +33 1 39 30 83 06<tel:%2B33%201%2039%2030%2083%2006>mathieu.weill at afnic.fr<mailto:mathieu.weill at afnic.fr>
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