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

[Greg Shatan]

I believe that all of the following can be dealt with (and have been dealt
with) by ICANN, without exceeding its mission or violating its Bylaws:

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.


​I don't think that adding the suggested language would constrain the GAC's
ability to give Advice in these areas.

As I read the Bylaws (as revised and currently), if the GAC gives Advice​
that would require ICANN to exceed its mission or violate its Bylaws, that
should trigger a consultation, which presumably would be used to determine
how to revise the advice so that ICANN can act on the advice while adhering
to its mission and Bylaws.

Greg

On Thu, Jul 23, 2015 at 8:37 AM, James Gannon <james at cyberinvasion.net>
wrote:

>  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] *On Behalf
> Of *Perez Galindo, Rafael
> *Sent:* Thursday, July 23, 2015 1:25 PM
> *To:* Burr, Becky; 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
> <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
> *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 / www.neustar.biz
>
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