[CCWG-ACCT] Proposed Mission & Core Values: Could they interfere with ICANN enforcement of contracts?

Malcolm Hutty malcolm at linx.net
Wed Aug 26 16:07:10 UTC 2015



On 26/08/2015 16:47, Steve DelBianco wrote:
> On our Tuesday CCWG call, I raised questions from the BC and IPC about
> whether the new Mission & Core Values could be interpreted to prevent
> ICANN from enforcing certain aspects of registrar and registry contracts. 

The question of registry and registrar contracts is an entirely "second
order" question.

If the policy is within ICANN's Mission, then enforcing it through
registrar and registry contracts is also within ICANN's Mission.

Should ICANN adopt a policy outside its Mission, then enforcement of it
through contracts would also be ultra vires.

So as long as you're not worried about the policy itself, you don't have
any reason to worry about the contract compliance side of things.

Malcolm
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