[CCWG-ACCT] "feasible and appropriate" reliance on market mechanisms

Alan Greenberg alan.greenberg at mcgill.ca
Mon Feb 1 15:19:39 UTC 2016

Thanks Becky, I and I am sure the ALAC appreciate your flexibility. I 
have no problem with the description text being added, and I presume 
that you and the other lawyers will come to colsure on its wording.


At 29/01/2016 02:49 PM, Burr, Becky wrote:

>All -
>As a follow up to our call on Tuesday regarding the language for 
>Core Value 5/4:  The language in the current Bylaws reads as follows:
>Where feasible and appropriate, depending on market mechanisms to 
>promote and sustain a competitive environment.
>The CCWG dropped the introductory "where feasible and appropriate" 
>when we issued the 1rst Draft Proposal.  The ALAC, and now some 
>additional members/participants, have objected to that change.  I 
>objected to the reinsertion of that language.
>Based on our call on Tuesday I would characterize the mood as follows:
>    * Most folks are indifferent
>    * Some folks feel very strongly that it is very important to 
> retain the "where feasible and appropriate"
>    * Some folks would probably prefer to drop the language, but no 
> one feels as strongly as I do about it
>I would propose to resolve the situation by reverting the existing 
>Bylaws language and adding the following language to the explanatory 
>text of Recommendation 5:
>While acknowledging that ICANN does not possess antitrust expertise 
>or authority, on balance the CCWG elected to retain the introductory 
>language to ensure that ICANN continues to have the authority, for 
>example, to refer competition-related questions regarding new 
>registry services to competent authorities under the RSEP program, 
>to establish bottom-up policies for allocating top-level domains 
>(e.g., community preference),  etc.
>J. Beckwith Burr
>Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
>1775 Pennsylvania Avenue NW, Washington D.C. 20006
>Office: +1.202.533.2932  Mobile: +1.202.352.6367 / 
>Accountability-Cross-Community mailing list
>Accountability-Cross-Community at icann.org
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