[CCWG-ACCT] FW: Final Drafts of Annexes 2 and 6 - Lawyer Review

Grace Abuhamad grace.abuhamad at icann.org
Tue Feb 2 23:21:58 UTC 2016

All — These documents were included in the emails from Bernie for each
recommendation, but we are forwarding the original note from Counsel so as
to maintain transparency on the interactions with Counsel. We will update
the Legal page shortly to make sure the references are also posted there.

From:  <acct-staff-bounces at icann.org> on behalf of Ingrid Mittermaier
<ingrid at adlercolvin.com>
Date:  Tuesday, February 2, 2016 at 1:18 AM
To:  Bernard Turcotte <turcotte.bernard at gmail.com>, Holly Gregory
<holly.gregory at sidley.com>, "Rosemary E. Fei" <rfei at adlercolvin.com>
Cc:  ICANN-Adler <ICANN at adlercolvin.com>, Thomas Rickert
<thomas at rickert.net>, ACCT-Staff <acct-staff at icann.org>, León Felipe Sánchez
Ambía <leonfelipe at sanchez.mx>, Sidley ICANN CCWG
<sidleyicannccwg at sidley.com>, Mathieu Weill <mathieu.weill at afnic.fr>
Subject:  Re: [Acct-Staff] [CCWG-ACCT] Final Drafts of Annexes 2 and 6 -
Lawyer Review

Dear CCWG Co-Chairs and staff,
Please find attached our further suggested edits to Annex 2.  I do not have
posting rights to the CCWG listserve, but you can post to the listserve if
you would like, unless you have questions for us before posting.
Ingrid (on behalf of Holly and Rosemary and teams)
Please be aware that this email is intended to provide a short response to
the questions posed, without the benefit of legal research.  If you would
like a more thoroughly considered and researched response, please let us
Ingrid Mittermaier
Adler & Colvin
235 Montgomery Street, Suite 1220
San Francisco, CA 94104
Tel: 415-421-7555
Fax: 415-421-0712
email: ingrid at adlercolvin.com
The information in this e-mail message and any attachments may be
privileged, confidential, and protected from disclosure.  If you are not the
intended recipient, any use, dissemination, distribution, or copying of this
transmission is strictly prohibited.  If you think that you have received
this e-mail message in error, please e-mail the sender at
ingrid at adlercolvin.com, and delete all copies of this message and its
attachments, if any.  Thank you.
From: Bernard Turcotte [mailto:turcotte.bernard at gmail.com]
Sent: Sunday, January 31, 2016 7:11 AM
To: Holly Gregory; Rosemary E. Fei
Cc: mathieu.weill at afnic.fr; thomas at rickert.net; León Felipe Sánchez Ambía;
Sidley ICANN CCWG; acct-staff at icann.org; ICANN-Adler
Subject: Re: [CCWG-ACCT] Final Drafts of Annexes 2 and 6 - Lawyer Review

with the attachment now


On Sun, Jan 31, 2016 at 10:09 AM, Bernard Turcotte
<turcotte.bernard at gmail.com> wrote:

Holly et al.,


​Regarding your two points on Annex 2 - their omission was unintentional and
is why we have this process.


As such I have approved all the changes ​you have provided to Annex 2 and
have made changes to the Enforcement section in Track Changes to address
these two points.


Attached for your consideration.





On Sun, Jan 31, 2016 at 5:20 AM, Gregory, Holly <holly.gregory at sidley.com>

Dear CCWG-ACCT Co-Chairs, Members, Participants and ICANN Staff,
Attached please find  our light comments on the final drafts of Annexes  2
and 6. 
Again, one global comment:   We assume that the preliminary notes  that
currently appear in the drafts will be removed before publication.
Also, please note that to track the commitment regarding further work on
Human Rights in Work Stream 2,   Paragraph 19 from Annex 12 should be
revised to read as follows:
To ensurethatadding the proposeda draftHuman Rights Bbylaw provisionintothe
ICANNBylawsdoes not leadto anexpansion ofICANN’sMission or scope,
theCCWG-Accountability willdevelop a designatedFrameworkof Interpretation
for Human Rights (FOI-HR) as a consensus recommendation inpartofWork
Stream2, to be approved by the ICANN Board using the same process and
criteria as for Work Stream 1 recommendations, and the bylaw provision will
not enter into force before the FOI-HR is in place.  The CCWGand will
considerthe followingas it develops the FOI-HRelaborates onthe languageto be

Kind regards,
Holly and Rosemary
Partner and Co-Chair
Global Corporate Governance & Executive Compensation Practice

Sidley Austin LLP
+1 212 839 5853 <tel:%2B1%20212%20839%205853>
holly.gregory at sidley.com <mailto:holly.gregory at sidley.com>

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