[CCWG-ACCT] Mission/Contract
Nigel Roberts
nigel at channelisles.net
Tue Nov 10 07:31:09 UTC 2015
I like both of Greg's formulations.
It should be expressed in the form
"ICANN shall have no power . . . . "
On 11/10/2015 06:11 AM, Greg Shatan wrote:
> I'm flattered (I think) to have my name attached to a proposal.
> However, my thinking has evolved with regard to certain parts of the
> post-Dublin language, "my" proposal and Malcolm's proposal. I would
> suggest a version that is in many ways is an amalgamation of these 3.
> The first paragraph is most similar to Malcolm's proposal, while the
> second is most similar to the Post-Dublin proposal. The third paragraph
> is taken from the Second Draft Report and from the recommendations of
> WP1 after the second public comment analysis. A clean version is below,
> followed by a version of Becky's chart with an added column for this
> proposal (a PDF is also attached). For convenience, I've marked my
> latest version against Malcolm's rather than my prior version. As a
> general rule, I chose versions that had the clearest language and
> avoided extra phrases that did not seem to add meaning.
>
> Greg
>
> ICANN shall only act in accordance with its Mission.
>
> Without in any way limiting the foregoing, ICANN shall not regulate
> services (i.e. those offered by web servers, mail servers and the like)
> that use the Internet's unique identifiers or the content that those
> services carry or provide.
>
> The prohibition on regulation of services that use the Internet’s unique
> identifiers or the content that they carry or provide does not act as a
> restraint on ICANN’s authority to negotiate, enter into and enforce
> agreements. Consensus Policy, as defined in “Consensus Policies and
> Temporary Policies Specification” in the 2013 Registrar Accreditation
> Agreement, is outside of such prohibition.
>
>
> 2^nd Draft Report Language
>
>
>
> Post-Dublin Language
>
>
>
> Greg Shatan Proposal 2 Nov 2015
>
>
>
> Malcolm Hutty Proposal 6 Nov 2015
>
>
>
> Greg Shatan Proposal 9 Nov 2015
>
> ICANN shall have no power to act other than in accordance with, and as
> reasonably appropriate to achieve its Mission.
>
> Without in any way limiting the foregoing absolute prohibition, ICANN
> shall not engage in or use its powers to attempt the regulation of
> services that use the Internet's unique identifiers, or the content that
> they carry or provide.
>
>
>
> ICANN shall have no power to act strictlyother thanin accordance with,
> and only as reasonably appropriate to achieve its Mission.
>
> Without in any way limiting the foregoing absolute prohibition, ICANN
> shall not regulate services that use the Internet's unique identifiers,
> or the content that such services carry or provide.
>
> In service of its MissionICANN shall have the ability to enforce
> agreements with contracted parties, subject to established means of
> community input on those agreements and reasonable checks and balances
> on its ability to impose obligations exceeding ICANN’s Mission on
> registries and registrars.
>
>
>
> ICANN shall have no power to act other than in accordance with, and as
> reasonably appropriate to achieve its Mission.
>
> Without in any way limiting the foregoing absolute prohibition, ICANN
> shall not regulate services that use the Internet's unique identifiers,
> or the content that such services carry or provide.
>
> ICANN and contracted parties entering into, complying with and enforcing
> agreements does not constitute regulation.
>
> In service of its Mission, ICANN shall have the ability to enforce
> agreements with contracted parties, subject to established means of
> community input on those agreements and reasonable checks and balances
> on its ability to impose obligations exceeding ICANN’s Mission on
> registries and registrars.
>
>
>
> ICANN shall only act strictly in accordance with and as reasonably
> appropriate to achieve its Mission.
>
> Without in any way limiting the foregoing, ICANN shall not engage in or
> use its powers to attempt the regulation of services that use the
> Internet's unique identifiers to enable or facilitate their reachability
> over the Internet, nor shall it regulate or the content that those
> services carry or provide.
>
> ICANN shall have the ability to negotiate, enter into and enforce
> agreements with contracted parties in service of its Mission.
>
> subject to established means of community input on those agreements and
> reasonable checks and balances on its ability to impose obligations
> exceeding ICANN’s Mission on registries and registrars
>
>
>
> ICANN shall only act strictly[1]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftn1>
> in accordance with its Mission.
>
> Without in any way limiting the foregoing, ICANN shall not engage in or
> use its powers to attempt the regulation of regulate services(i.e. those
> offered by web servers, mail servers and the like)[2]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftn2>
> that use the Internet's unique identifiersto enable or facilitate their
> reachability over the Internet, nor shall it regulate[3]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftn3>
> or the content that those services carry or provide.
>
> The prohibition on regulation of services that use the Internet’s unique
> identifiers or the content that they carry or provide does not act as a
> restraint on ICANN’s authority to negotiate, enter into and enforce
> agreements.^^[4]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftn4>
> Consensus Policy, as defined in “Consensus Policies and Temporary
> Policies Specification” in the 2013 Registrar Accreditation Agreement,
> is outside of such prohibition.^^[5]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftn5>
>
> ICANN shall have the ability to negotiate, enter into and enforce
> agreements with contracted parties in service of its Mission.
>
>
> ------------------------------------------------------------------------
>
> [1]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftnref1>
> I have not accepted Malcolm’s addition of “strictly,” since this will be
> construed to mandate the most restrictive and conservative
> interpretation possible and thus make the bylaw overly inflexible.
>
> [2]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftnref2>
> This is taken from an email from Malcolm Hutty, as a description of what
> is meant by “services” in this context. Due to the variety of meanings
> that “services” can have, it is necessary to avoid ambiguity.
>
> [3]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftnref3>
> Once the nature of the “services” is clarified, the nature of their
> “use” no longer needs to be clarified.
>
> [4]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftnref4>
> This is taken almost verbatim from the Second Draft Report, para. 158.
> Since it is a direct comment on the contents of the Bylaw, it should be
> reflected in the draft Bylaw. Once this is here, Malcolm’s last
> sentence is no longer needed.
>
> [5]
> <file:///C:/Users/Greg/Documents/Comparison%20of%20Mission%20and%20Core%20Values%20Language.docx#_ftnref5>
> This is a recommendation taken from the “Comment Summary PRINCIPLES”
> analysis prepared by WP1 after the second Public Comment period.
>
>
>
> On Mon, Nov 9, 2015 at 7:09 PM, Burr, Becky <Becky.Burr at neustar.biz
> <mailto:Becky.Burr at neustar.biz>> wrote:
>
> All -
>
> In advance of our call tomorrow I want to flag the open issue in the
> Mission Statement – language prohibiting ICANN from regulating
> "services that use the Internet’s unique identifiers or the content
> that they carry or provide."
>
> While there is strong consensus that (1) ICANN’s mission is limited
> and (2) ICANN should act only in furtherance of its mission, strong
> and divergent perspectives on the proposed language itself remain.
> The language has been in the proposed Mission Statement since our
> Frankfurt meeting last January. Numerous commenters supported the
> language in both the first and second comment periods on the grounds
> that ICANN should not attempt to regulate third parties through its
> agreements with registries and registrars. On the other hand, many
> commenters expressed concerns about potential unintended
> consequences of this language, and the impact that it might have,
> for example, on ICANN’s ability to enforce commitments contained in
> registry and/or registrar commitments (e.g., Public Interest
> Commitments, special-interest new gTLD applications, etc.).
>
> The following chart (also attached as a PDF) compares the language
> in the 2nd Draft Report with language circulated shortly following
> the Dublin meeting, and suggested language proposed by Greg Shatan
> and Malcolm Hutty respectively to resolve this issue. (Another
> approach, which I floated, was strongly criticized.) As we review
> and discuss this language tomorrow, please keep in mind that we have
> always been clear that the language in the proposed Mission
> Statement is not final Bylaws language, rather it intended to guide
> those crafting final Bylaws. I look forward to a fruitful
> discussion in 12 hours!
>
>
> 2^nd Draft Report Language____
>
>
>
> Post-Dublin Language____
>
>
>
> Greg Shatan Proposal 2 Nov 2015____
>
>
>
> Malcolm Hutty Proposal 6 Nov 2015____
>
> ICANN shall have no power to act other than in accordance with, and
> as reasonably appropriate to achieve its Mission. ____
>
> Without in any way limiting the foregoing absolute prohibition,
> ICANN shall not engage in or use its powers to attempt the
> regulation of services that use the Internet's unique identifiers,
> or the content that they carry or provide.____
>
>
>
> ICANN shall have no power to act strictlyother thanin accordance
> with, and only as reasonably appropriate to achieve its Mission. ____
>
> Without in any way limiting the foregoing absolute prohibition,
> ICANN shall not regulate services that use the Internet's unique
> identifiers, or the content that such services carry or provide. ____
>
> In service of its MissionICANN shall have the ability to enforce
> agreements with contracted parties, subject to established means of
> community input on those agreements and reasonable checks and
> balances on its ability to impose obligations exceeding ICANN’s
> Mission on registries and registrars.____
>
>
>
> ICANN shall have no power to act other than in accordance with, and
> as reasonably appropriate to achieve its Mission. ____
>
> Without in any way limiting the foregoing absolute prohibition,
> ICANN shall not regulate services that use the Internet's unique
> identifiers, or the content that such services carry or provide. ____
>
> ICANN and contracted parties entering into, complying with and
> enforcing agreements does not constitute regulation.____
>
> In service of its Mission, ICANN shall have the ability to enforce
> agreements with contracted parties, subject to established means of
> community input on those agreements and reasonable checks and
> balances on its ability to impose obligations exceeding ICANN’s
> Mission on registries and registrars.____
>
>
>
> ICANN shall only act strictly in accordance withand as reasonably
> appropriate to achieveits Mission. ____
>
> Without in any way limiting the foregoing, ICANN shall not engage in
> or use its powers to attempt the regulation of services that use the
> Internet's unique identifiers to enable or facilitate their
> reachability over the Internet, nor shall it regulate or the content
> that those services carry or provide. ____
>
> ICANN shall have the ability to negotiate, enter into and enforce
> agreements with contracted parties in service of its Mission.____
>
> subject to established means of community input on those agreements
> and reasonable checks and balances on its ability to impose
> obligations exceeding ICANN’s Mission on registries and registrars____
>
> *
> *
>
> *
> *
>
> *
> *
>
> *
> *
>
> *
> *
>
> *J. Beckwith Burr****
> **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> *Office:***+1.202.533.2932 <tel:%2B1.202.533.2932>
> *Mobile:***+1.202.352.6367 <tel:%2B1.202.352.6367> */**neustar.biz*
> <http://www.neustar.biz>____
>
>
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