[CCWG-ACCT] Legal Memo - Responses to CCWG GAC representatives Questions

[Jorge.Cancio at bakom.admin.ch]

Dear Mathieu,

Thanks a lot for this document.

After having a first look into it, I would just like to observe that -at least regarding the questions I have posed in CCWG calls or on the list- they have only been partially answered.

To be more specific:
1) answer to question 4 misses the point an does not provide a response to the dangers in asymmetrical composition between GAC and the eventual GAC-UA;
2) response to question 5 is also very incomplete as it does not provide an answer to the very specific questions contained in that question (Question 5: As to the operation of the UA, while nowadays the infringement or differing interpretation of GAC rules of procedure (e.g. operating principles) have no legal consequence, this would change in case these rules would be applied to an existing legal person (the UA)? What would be the consequences of conflicts of interpretation between members of the GAC-UA and/or of external stakeholders affected by decisions of the GAC-UA? What legislation would they apply? What would be the responsibilities of GAC-UA officers and/or members affected by such a conflict? How would they specifically protected from liability? To what extent?).
3) response to question 6 contains a number of "desiderata" ("so long"... "should not"... "we are confident") instead of a detailed legal analysis.
...

Personally I feel that answering quickly, reutilizing former documents and/or linking generally to them is not really the proper way forward. After having a look into several inputs made in the public consultation, I see some of these issues put forward by different contributors, which is again a sign of them being serious points which need to be addressed in depth.

Therefore, I would kindly ask you to look again into these issues accordingly

Best regards

Jorge Cancio

Von: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] Im Auftrag von Mathieu Weill
Gesendet: Dienstag, 9. Juni 2015 13:58
An: accountability-cross-community at icann.org
Cc: Rosemary E. Fei; Holly Gregory
Betreff: [CCWG-ACCT] Legal Memo - Responses to CCWG GAC representatives Questions

Dear Colleagues,

Please find attached a lawyer's memo which provides legal answers to a list of questions that were raised during the last few weeks by government representatives, either on list, during the CCWG calls, or through the public comment. It is also available on the wiki page collecting legal responses : https://community.icann.org/pages/viewpage.action?pageId=52890082

As discussed during our call this morning an updated version of the chart on page 5 of governance powers memo (https://community.icann.org/download/attachments/52890082/update%20Legal%20Assessment%20-%20Executive%20Summary%2C%20Summary%20Chart%20and%20Revised%20Governan....pdf?version=1&modificationDate=1430442481000&api=v2 ) is currently being prepared.

Best regards,
Mathieu


-------- Message transféré --------
Sujet :

[Acct-Legal] Memo - Responses to CCWG GAC Questions

Date :

Tue, 9 Jun 2015 03:29:01 +0000

De :

Hilton, Tyler <thilton at sidley.com><mailto:thilton at sidley.com>

Pour :

ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org> <ccwg-accountability5 at icann.org><mailto:ccwg-accountability5 at icann.org>




Dear Legal Sub-team,

Attached please find a memo responding to the list of questions from the Governmental Advisory Committee (GAC) provided to us on June 5, 2015.

Best,

TYLER HILTON
Associate
Sidley Austin LLP
555 West Fifth Street
Los Angeles, CA 90013
+1.213.896.6130
thilton at sidley.com<mailto:thilton at sidley.com>
www.sidley.com<http://www.sidley.com>
[http://www.sidley.com/files/upload/signatures/SA-autosig.png]<http://www.sidley.com/> SIDLEY AUSTIN LLP




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