[WP2] this is the current text of the Mission Commitments and Core Values language

[Burr, Becky]

More important Rafael, how does the language that prohibits ICANN from acting in violation of its bylaws reduce the authority of the GAC or the scope of GAC Advice?  The GAC may give Advice on any topic it wants, in any manner it likes.  The only limit is that ICANN cannot act on that Advice if it would involve violating the Bylaws.  Are you saying that you think ICANN can violate its bylaws if GAC advises it to do so?  That seems very worrisome to me.


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: James Gannon <james at cyberinvasion.net<mailto:james at cyberinvasion.net>>
Date: Thursday, July 23, 2015 at 8:37 AM
To: "Perez Galindo, Rafael" <RPEREZGA at minetur.es<mailto:RPEREZGA at minetur.es>>, 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] this is the current text of the Mission Commitments and Core Values language

To put this simply, the Board cannot act outside of its bylaws. No matter what the source of the reasoning for those actions.
We are merely reflecting that reality in the by-laws.

-James Gannon

From: wp2-bounces at icann.org<mailto:wp2-bounces at icann.org> [mailto:wp2-bounces at icann.org] On Behalf Of Perez Galindo, Rafael
Sent: Thursday, July 23, 2015 1:25 PM
To: Burr, Becky; wp2 at icann.org<mailto:wp2 at icann.org>
Subject: Re: [WP2] this is the current text of the Mission Commitments and Core Values language


Dear all,



I would like to again raise a strong concern on the proposed language establishing a general prohibition on ICANN acting on any advice of any advisory committee that would require ICANN to exceed its mission or violate its bylaws.



Managing the Internet system of unique identifiers in the public interest is the first and foremost mission of ICANN (sections 2 and 3 of the AoC and sections 3 and 4 of the AoI). On their part, governments are responsible for public policy and obliged to protect the general public interest (ICANN Bylaws Article I Section 2.11, Tunis Agenda para 68 and 69, and page 6 of the Net Mundial Statement). It is the GAC who brings the public policy perspective into ICANN.



The “global public interest” in ICANN’s context concerns not only the operational stability of the Internet. That is an essential issue, but there are more aspects to the many public interest issues actually encompassed by ICANN’s actions and policies. For instance, other important issues that go beyond the technical stability, such as intellectual property rights protection, privacy and law enforcement, cyber bullying, Public Interest Commitments regarding new gTLD, highly regulated sectors, and human rights, are at stake because they have an inherent impact on global public interest, and therefore can be subject to GAC’s Advice. In conclusion, GAC Advice should not be restricted to ICANN’s Bylaws.



This is without prejudice to the Board accepting or turning down GAC Advice.



Hence, we oppose this new proposal or any new one that restricts GACs scope, sets boundaries to the Advice it may give, or refrains it from exercising its role of protection of public interest in ICANN’s multistakeholder environment.



Best



Rafael

GAC_SPAIN


De:wp2-bounces at icann.org<mailto:wp2-bounces at icann.org> [mailto:wp2-bounces at icann.org] En nombre de Burr, Becky
Enviado el: jueves, 23 de julio de 2015 13:57
Para: wp2 at icann.org<mailto:wp2 at icann.org>
Asunto: [WP2] this is the current text of the Mission Commitments and Core Values language


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<http://www.neustar.biz>
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