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

Mathieu Weill mathieu.weill at afnic.fr
Fri Jul 24 06:34:12 UTC 2015


Hi all,

I support Becky's suggestion.

We will need, as for all of the changes we propose, to provide a clear 
rationale. In this case we could refer to stress tests 10 and 24 (acting 
inconsistent with the Organization's mission).

Mathieu


Le 24/07/2015 06:32, Avri Doria a écrit :
> Hi,
>
> I support dropping it.
>
> avri
>
> On 24-Jul-15 01:03, Paul Rosenzweig wrote:
>> I’m sorry to be joining this late, but fwiw my view is that I =would=
>> in fact die in the ditch for the certainty that ICANN is limited by
>> the restated bylaws mission that we are giving it.  That is so,
>> irrespective of who or what is giving the advice to do otherwise – an
>> SO; an AC; or even at the Board’s own initiative.  Indeed, confining
>> ICANN to bylaws compliance is the sine qua non of our accountability
>> effort.
>>
>>   
>>
>> To that end, I could support Becky’s compromise proposal since it
>> retains the core of that idea.  I would not support Thomas’ suggestion
>> that the entire reference be dropped …
>>
>>   
>>
>> Paul
>>
>>   
>>
>> Paul Rosenzweig
>>
>> paul.rosenzweig at redbranchconsulting.com
>> <mailto:paul.rosenzweigesq at redbranchconsulting.com>
>>
>> O: +1 (202) 547-0660
>>
>> M: +1 (202) 329-9650
>>
>> VOIP: +1 (202) 738-1739
>>
>> Skype: paul.rosenzweig1066
>>
>> Link to my PGP Key
>> <http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>
>>
>>   
>>
>>   
>>
>> *From:*Burr, Becky [mailto:Becky.Burr at neustar.biz]
>> *Sent:* Thursday, July 23, 2015 4:29 PM
>> *To:* James Gannon; Thomas Rickert
>> *Cc:* 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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>>
>>       
>>
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