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

[Seun Ojedeji]

On 7 Jan 2016 6:01 PM, "Burr, Becky" <Becky.Burr at neustar.biz> wrote:
>
> Yes, but it raises an important question.  If the GAC has authority to
issue Advice that the Board must follow unless 2/3 of the Board reject,
should the GAC ALSO get to decide whether the sole designator can challenge
ICANN’s implementation of Advice in a manner that violates the Bylaws?
>
SO: In this situation and according to the escalation process and
threshold, I would expect that GAC would not get passed the petition stage
unless there is indeed sense in their petition that convinces other
"voting" SO/AC. No?

One extreme issue that I foresee(which has nothing to do with GAC) is a
situation where the threshold required to exercise a community power is
achieved, even though what is requested of the board by the community would
in itself violate one or more sections of the bylaw. This is why I believe
some exceptions (such as ICANN relationship with numbers as IFO) for
exercising community powers were made, if there are other scenarios like
that then it should be clearly exempted from wrath of the community powers.

Regards

> 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
>
>
> From: "Megan.Richards at ec.europa.eu" <Megan.Richards at ec.europa.eu>
> Date: Thursday, January 7, 2016 at 11:33 AM
> To: "psc at vlaw-dc.com" <psc at vlaw-dc.com>
> Cc: "Brett.Schaefer at heritage.org" <Brett.Schaefer at heritage.org>, Becky
Burr <becky.burr at neustar.biz>, "milton at gatech.edu" <milton at gatech.edu>, "
Jorge.Cancio at bakom.admin.ch" <Jorge.Cancio at bakom.admin.ch>, Accountability
Community <accountability-cross-community at icann.org>, "acct-staff at icann.org"
<acct-staff at icann.org>
>
> Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
>
> Sounds like a board ready to "violate" ICANN mission and core values.
Were those not criteria for measures to be taken by the sole designator ?
>
> Sent from my iPad
>
> On 07 Jan 2016, at 17:17, Phil Corwin <psc at vlaw-dc.com> wrote:
>
>> But what if the Board cannot muster a 2/3 vote against GAC advice that
goes beyond ICANN’s Mission and Core Values?
>>
>>
>>
>> Then we have the equivalent of a Constitutional crisis, with the GAC in
a position as a member of the empowered community to object to
accountability escalation attempts related to the situation.
>>
>>
>>
>> Philip S. Corwin, Founding Principal
>>
>> Virtualaw LLC
>>
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>>
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>>
>> Washington, DC 20004
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>> 202-255-6172/cell
>>
>>
>>
>> Twitter: @VlawDC
>>
>>
>>
>> "Luck is the residue of design" -- Branch Rickey
>>
>>
>>
>> From:accountability-cross-community-bounces at icann.org [mailto:
accountability-cross-community-bounces at icann.org] On Behalf Of Schaefer,
Brett
>> Sent: Thursday, January 07, 2016 11:08 AM
>> To: Burr, Becky; Mueller, Milton L; Jorge.Cancio at bakom.admin.ch;
accountability-cross-community at icann.org
>> Cc: acct-staff at icann.org
>> Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement
discussion
>>
>>
>>
>> Yes, that should be clear.
>>
>>
>>
>> ________________________________
>>
>> BrettSchaefer
>>
>> Jay Kingham Senior Research Fellow in International Regulatory Affairs
>> Margaret Thatcher Center for Freedom Davis Institute for National
Security and Foreign Policy
>> The Heritage Foundation
>> 214 Massachusetts Avenue, NE
>> Washington, DC 20002
>> 202-608-6097
>> heritage.org
>>
>> From: Burr, Becky [mailto:Becky.Burr at neustar.biz]
>> Sent: Thursday, January 07, 2016 11:06 AM
>> To: Schaefer, Brett; Mueller, Milton L; Jorge.Cancio at bakom.admin.ch;
accountability-cross-community at icann.org
>> Cc: acct-staff at icann.org
>> Subject: Re: Deck for Meeting #75 Mission Statement discussion
>> Importance: High
>>
>>
>>
>> IMHO, the GAC is not bound by ICANN’s Mission and Core Values.  It can
issue any Advice it likes.  But ICANN can only implement GAC Advice in a
manner that is consistent with ICANN’s Mission and Core Values.
>>
>>
>>
>> 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
>>
>>
>>
>> From: <Schaefer>, Brett <Brett.Schaefer at heritage.org>
>> Date: Thursday, January 7, 2016 at 10:48 AM
>> To: "Mueller, Milton L" <milton at gatech.edu>, "Jorge.Cancio at bakom.admin.ch"
<Jorge.Cancio at bakom.admin.ch>, Becky Burr <becky.burr at neustar.biz>,
Accountability Community <accountability-cross-community at icann.org>
>> Cc: "acct-staff at icann.org" <acct-staff at icann.org>
>> Subject: RE: Deck for Meeting #75 Mission Statement discussion
>>
>>
>>
>> Or, perhaps, that GAC advice should not be bound by ICANN’s mission and
core values?
>>
>>
>>
>> ________________________________
>>
>> BrettSchaefer
>> Jay Kingham Senior Research Fellow in International Regulatory Affairs
>> Margaret Thatcher Center for Freedom Davis Institute for National
Security and Foreign Policy
>> The Heritage Foundation
>> 214 Massachusetts Avenue, NE
>> Washington, DC 20002
>> 202-608-6097
>> heritage.org
>>
>> From:accountability-cross-community-bounces at icann.org [mailto:
accountability-cross-community-bounces at icann.org] On Behalf Of Mueller,
Milton L
>> Sent: Thursday, January 07, 2016 10:22 AM
>> To: Jorge.Cancio at bakom.admin.ch; Becky.Burr at neustar.biz;
accountability-cross-community at icann.org
>> Cc: acct-staff at icann.org
>> Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement
discussion
>>
>>
>>
>> Jorge:
>>
>> Can you please clarify what the implications are of this:
>>
>>
>>
>> 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
>>
>>
>>
>> MM: Do you mean to imply that there should be no limits of ICANN’s
mission?
>>
>>
>>
>> ________________________________
>>
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