[CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

Thu Jan 7 15:36:46 UTC 2016

Dear Jorge, All,

This was indeed discussed during the December 15 meeting. The transcript
is attached and I paste below the excerpt of the concluding remarks :

Conclusions (excerpt from transcript)

So yes you definitely raised a very valid point. And I as I said when
replying to (Malcolm) this is of course no easy task. So yes indeed I
don’t think that we should be actually looking in a very detailed way.

And that’s why I suggest once again to continue the discussion off-line
and of course reach out to ICANN legal and then from there may be continue
shaping the question for our council to actually have something to work
on.

So if we are agree then I think that the first it would be to actually
reach out to ICANN legal to see whether there are if any is some PICs that
might be considered as typical and of course considering all these side
issues or condiments as you could say that Chris has added to the
equation.

So at this point I would like to ask for any other comments or questions
on this issue. And if there are no further comments or questions then I
would turn back to my co-chair Mathieu for the next agenda item.

I am not aware of any new developments or inputs from Icann Legal since
then. Thanks to Alice for doing the research.

Best

Mathieu

-----Message d'origine-----
De : accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] De la part de
Jorge.Cancio at bakom.admin.ch
Envoyé : jeudi 7 janvier 2016 16:01
À : Becky.Burr at neustar.biz
Cc : acct-staff at icann.org; accountability-cross-community at icann.org
Objet : Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

Hi Becky

that piece was more for the Co-Chairs to answer.

Notwithstanding personal positions I recall a decision being taken, and as
far as I remember it was to formulate the question in more specific terms
after consulting with ICANN Legal.

So I would very much appreciate any info on this from the Co-Chairs.

regards

Jorge

Von meinem iPhone gesendet

Am 07.01.2016 um 15:56 schrieb Burr, Becky <
<mailto:Becky.Burr at neustar.biz%3cmailto:Becky.Burr at neustar.biz>
Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz>>:

Jorge,

I personally have been clear and consistent in my view that we were not
asking the lawyers a question that can lead to a useful legal opinion.  I
believe that Holly concurred in my view that we would spend a lot of money
and learn that the answer depends on the facts in any specific situation,
none of which can be predicted in advance.  I know that you and others
continue to believe that there is some value in this, but as someone who
has been on the receiving end of questions like that, I think would be a
tremendous waste of ICANN resources.

That said, I’m not the decision-maker here, just offering an opinion.

Becky

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 / neustar.biz<
<http://www.neustar.biz> http://www.neustar.biz>

From: "Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>"
<Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch>>

Date: Thursday, January 7, 2016 at 3:47 AM

To: Becky Burr <becky.burr at neustar.biz<mailto:becky.burr at neustar.biz>>,
Accountability Community
<accountability-cross-community at icann.org<mailto:accountability-cross-comm
unity at icann.org>>

Cc: "acct-staff at icann.org<mailto:acct-staff at icann.org>"
<acct-staff at icann.org<mailto:acct-staff at icann.org>>

Subject: AW: Deck for Meeting #75 Mission Statement discussion

Dear Becky, dear Co-Chairs and dear all,

For info: this is the full text of the GAC consensus input of December
21st on recommendation 5:

Changing aspects of ICANN’s Mission. Commitments and Core Values
(RECOMMENDATION 5)

The GAC notes that legal advice is being sought by the CCWG to clarify the
practical effect of this Recommendation, and believes this is appropriate.

The GAC expects that any changes will not reduce the current role of the
GAC in providing advice on the activities of ICANN as they relate to
concerns of governments, particularly matters where there may be an
interaction between ICANN’s policies and various laws and international
agreements or where they may affect public policy issues (as provided in
the current ByLaws). This includes issues such as consumer protection, the
respect for fundamental rights and freedoms and law enforcement.

The GAC further expects that changes to ICANN’s mission and core values
should not constrain the Board from accepting and implementing GAC advice.
In addition, ICANN’s ability to enforce contractual obligations and act
upon the public policy advice of the GAC should not be inadvertently
impacted.

==

And: what happened with the question to the lawyers which we decided to
formulate to the lawyers on this very issue last December? Could you
please inform on the status of this question?

Regards

Jorge

Von:
accountability-cross-community-bounces at icann.org<mailto:accountability-cro
ss-community-bounces at icann.org>
[mailto:accountability-cross-community-bounces at icann.org] Im Auftrag von
Burr, Becky

Gesendet: Mittwoch, 6. Januar 2016 20:03

An: Accountability Community
<accountability-cross-community at icann.org<mailto:accountability-cross-comm
unity at icann.org>>

Cc: ACCT-Staff <acct-staff at icann.org<mailto:acct-staff at icann.org>>

Betreff: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

Wichtigkeit: Hoch

Is attached in DRAFT FORM.  Anything missing or wrong should be attributed
to incompetence rather than conspiracy.  I am still working on questions
in 1 section.  I will also shortly resend a variety of previously
circulated resource documents.

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 /neustar.biz<
<http://www.neustar.biz> http://www.neustar.biz>

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