[WP2] this is the current text of the Mission Commitments and Core Values language
Avri Doria
avri at acm.org
Fri Jul 24 06:16:28 UTC 2015
Hi,
I am fine with closing it once we hear from those with objections to
previous text.
(Accepting of course that my concerns and the comments wherein they were
reflected and which I was trying to support, were voted against, but i
think Human Rights is the only thing in this category)
avri
On 24-Jul-15 06:42, Thomas Rickert wrote:
> Me too, although I perceive this language is for clarification
> purposes as was the original language we dropped.
>
> I suggest we can then close this item? Would be great.
>
> Thomas
>
> ---
> rickert.net <http://rickert.net>
>
>
> Am 23.07.2015 um 22:29 schrieb James Gannon <james at cyberinvasion.net
> <mailto:james at cyberinvasion.net>>:
>
>> I could live with that.
>>
>>
>>
>> -James
>>
>>
>>
>> *From:*Burr, Becky [mailto:Becky.Burr at neustar.biz]
>> *Sent:* Thursday, July 23, 2015 9:29 PM
>> *To:* James Gannon; Thomas Rickert
>> *Cc:* Greg Shatan; 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
>>
>>
>>
>> Yes
>>
>>
>>
>> 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>
>>
>>
>>
>> *From: *James Gannon <james at cyberinvasion.net
>> <mailto:james at cyberinvasion.net>>
>> *Date: *Thursday, July 23, 2015 at 4:27 PM
>> *To: *Becky Burr <becky.burr at neustar.biz
>> <mailto:becky.burr at neustar.biz>>, Thomas Rickert <rickert at anwaelte.de
>> <mailto:rickert at anwaelte.de>>
>> *Cc: *Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>>, "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
>>
>>
>>
>> Just so I’m clear
>>
>>
>>
>> The suggestion is to remove the chapeau from the ACs section, and
>> insert a line into the IRP stating that it’s a valid cause to
>> initiate an IRP?
>>
>>
>>
>> -James
>>
>>
>>
>> *From:*Burr, Becky [mailto:Becky.Burr at neustar.biz]
>> *Sent:* Thursday, July 23, 2015 9:25 PM
>> *To:* Thomas Rickert
>> *Cc:* Greg Shatan; James Gannon; 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
>>
>>
>>
>> I have a further compromise to offer – The IRP section should say
>> that a materially affected party can bring a claim regarding bylaws
>> violations, including ICANN’s decision to follow the recommendation
>> of an SO or AC that requires it to violate the bylaws.
>>
>>
>>
>> FWIW, I don’t think this is a theoretical issue
>>
>>
>>
>> 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>
>>
>>
>>
>> *From: *Thomas Rickert <rickert at anwaelte.de <mailto:rickert at anwaelte.de>>
>> *Date: *Thursday, July 23, 2015 at 3:45 PM
>> *To: *Becky Burr <becky.burr at neustar.biz <mailto:becky.burr at neustar.biz>>
>> *Cc: *Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>>, James Gannon
>> <james at cyberinvasion.net <mailto:james at cyberinvasion.net>>,
>> "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
>>
>>
>>
>> I suggest we drop it.
>>
>>
>>
>> Thomas
>>
>> ========
>>
>> rickert.net
>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__rickert.net&d=AwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=GaZmgrQEJ4WzAwzxI1HaVxgZr5SOl-PqkDd3gZWorl8&s=vmsEfpc1MlECt1rNG653fHfPt8r7P5RydeuiSo-h5aI&e=>
>>
>>
>>
>> PS - Sent from my cell. Please excuse typos and brevity.
>>
>>
>> Am 23.07.2015 um 20:41 schrieb Burr, Becky <Becky.Burr at neustar.biz
>> <mailto:Becky.Burr at neustar.biz>>:
>>
>> Actually, that is the Eberhard Lisse test
>>
>>
>>
>> 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>
>>
>>
>>
>> *From: *Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>>
>> *Date: *Thursday, July 23, 2015 at 11:36 AM
>> *To: *James Gannon <james at cyberinvasion.net
>> <mailto:james at cyberinvasion.net>>
>> *Cc: *"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
>>
>>
>>
>> All,
>>
>>
>>
>> Actually, I have some sympathy for Jorge's argument -- that the
>> insertion of this language regarding actions violating the
>> Mission/Bylaws is intended to change the status quo. At the
>> least, it's a pointed reminder -- the kind that typically gets
>> made after bad behavior ("Tenants are reminded not to leave
>> garbage in the hallways" gets sent around my building only after
>> some tenants start leaving garbage in the hallways.) So it can
>> easily be seen as a warning and not merely a restatement of the
>> status quo ("We see what you're trying to do. Remember...")
>>
>>
>>
>> Also, is there really a lack of clarity regarding the Board's
>> authority or lack thereof to act outside its Mission or to
>> violate the Bylaws? Does this bare-bones statement really add
>> clarity? I'm not seeing that there is or that it does.
>>
>>
>>
>> Further, while the statement is generally true, we are putting it
>> in a specific place -- juxtaposing it with AC advice. As such it
>> would clearly be understood to be aimed at that advice and
>> declaring a "line in the sand" with regard to such advice The
>> new suggestion of adding this to SO's only doubles down on this.
>>
>>
>>
>> At best, this language is redundant. At worst, it is language
>> that will have an unknown effect on current activity.
>>
>>
>>
>> I would suggest applying the "Bart Boswinkel Test" in this case
>> -- "Would you die in a ditch for it?" In this case, my answer is no.
>>
>>
>>
>> Greg
>>
>>
>>
>> On Thu, Jul 23, 2015 at 11:21 AM, James Gannon
>> <james at cyberinvasion.net <mailto:james at cyberinvasion.net>> wrote:
>>
>> And let me say we appreciate the input by Spain but I must
>> say that I think many of us don’t understand the reasoning
>> behind an objection to ratifying the status quo into the
>> bylaws, and to Jorges point I would happily support placing
>> the same caveat over the SO’s also.
>>
>>
>>
>> -James
>>
>>
>>
>> *From:*Perez Galindo, Rafael [mailto:RPEREZGA at minetur.es
>> <mailto:RPEREZGA at minetur.es>]
>> *Sent:* Thursday, July 23, 2015 3:30 PM
>> *To:* Burr, Becky; James Gannon; 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
>>
>>
>>
>> The answer to your question is in my first mail, which
>> clearly states that “This is without prejudice to the Board
>> accepting or turning down GAC Advice”.
>>
>>
>>
>> But let me ask you now your own question the other way
>> around. Do you reckon that at this very moment in time the
>> Board can violate its Bylaws if the GAC advises it to do so?
>>
>>
>>
>> The answer is no (I guess). So, why do you insist on adding
>> this new provision? It seems worrisome to me that you think
>> that the Board could be right now (and the last 17 years)
>> violating its own Bylaws under demand of the GAC, and you/we
>> are at last fixing this huge problem, grasping the
>> opportunity that the CCWG provides.
>>
>>
>>
>> Best
>>
>>
>>
>> PS Let me add here that I am only trying to understand and
>> engaging as Spanish Gov rep., and I am not at all talking on
>> behalf of other countries nor the GAC, which may or may not
>> have more difficulty than me to support the changes put
>> forward by the CCWG.
>>
>>
>>
>>
>>
>>
>>
>> *De:*Burr, Becky [mailto:Becky.Burr at neustar.biz]
>>
>> *Enviado el:*jueves, 23 de julio de 2015 15:16
>> *Para:* James Gannon; Perez Galindo, Rafael; wp2 at icann.org
>> <mailto:wp2 at icann.org>
>> *Asunto:* Re: [WP2] this is the current text of the Mission
>> Commitments and Core Values language
>> *Importancia:* Alta
>>
>>
>>
>> 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 <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: *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 <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>
>>
>>
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