[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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