[CCWG-ACCT] Attempt to summarize discussion regarding Mission and Contract

Mueller, Milton L milton at gatech.edu
Thu Nov 12 12:15:25 UTC 2015


Keith
I don't think we have irreconcilable views, and I certainly don't see any increase in divergence. What I see is some difficulty in formulating the wording right so that prohibiting ICANN from regulating other services doesn't get in the way of it regulating the services it is supposed to regulate. 

Even if there is divergence, it is NOT an issue that can be avoided; it is fundamental to ICANN's mission limitation and accountability and I would never agree to a transition without it. We need to resolve this, and we have to do it in WS1.

By the way, it is impossible to avoid resolving this issue. If you do not include this prescription, you are siding with those who don't want it to be there - and thus overriding and ignoring the views of the people who want it there. 

Andrew:

>    ICANN shall have no power to act other than in accordance with,
>    and as reasonably appropriate to achieve its Mission.
>
> With that prohibition on ICANN going out and finding new things to do, you have the explicit limitation 
> you want.  No? 

No. Paul R has addressed this. What we have now is open to too much interpretation and is not a clear enough limitation. We need to have a clear and explicit limitation, not a general statement that ICANN will conform to its mission. We need to make it clear that the mission does NOT include content regulation. 


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