[CCWG-ACCT] Proposed Agenda CCWG ACCT Meeting - 12 July 2016 @ 20:00 UTC

Dr. Tatiana Tropina t.tropina at mpicc.de
Wed Jul 13 20:50:20 UTC 2016


Thanks, Greg. +1. Fully agree.

CCWG shall retain the ability to ask for independent advice. Also agree
that continuing with Sidley Austin and Adler & Colvin is the best option.

+ 1 also to James previous email about not reopening the debate.

Best,

Tanya


On 13/07/16 22:42, Greg Shatan wrote:
> Siva,
>
> The reasons are all in the record.  Please go back and read all of the
> materials and discussions relating to our desire and choice to hire
> independent counsel.  If you have any specific questions after that,
> please ask them.
>
> I will briefly say the following: 
>
> 1. This has nothing to do with competence, although being generally
> competent and competent in a specific area are two different things.
>
> 2. Where we needed first-hand knowledge or history, we've turned to
> ICANN legal as one source for such things. That won't change.  Advice
> is another thing entirely.
>
> 3. Ask yourself "Who is ICANN legal's client?" and you will have
> answered your own question.
>
> Greg
>
> On Wednesday, July 13, 2016, Sivasubramanian M <isolatedn at gmail.com
> <mailto:isolatedn at gmail.com>> wrote:
>
>     Greg,
>
>     ​How valid are your assumptions? What are the reasons for this
>     unwillingness to make use of ICANN Legal, who are competent, have
>     first hand knowledge and a complete understanding of the legal
>     nuances on matters concerning ICANN, may I ask?​ Saves money on
>     most matters requiring legal advice, and should there be areas
>     that require specialized advice, we could seek external advice.
>
>
>     On Thu, Jul 14, 2016 at 12:28 AM, Greg Shatan
>     <gregshatanipc at gmail.com
>     <javascript:_e(%7B%7D,'cvml','gregshatanipc at gmail.com');>> wrote:
>
>         I object, and I think many others objected, to the idea that
>         advice from inhouse (i.e., ICANN legal) should be the
>         "default."  We retained independent counsel to the CCWG for
>         good reason
>         ​s​
>
>      
>
>         and those reasons are still applicable today.  I hope we don't
>         need to rehash that.
>
>         We need the continued ability and discretion to go directly to
>         CCWG's counsel.  Requesting inhouse to solicit an opinion from
>         an external counsel is not only "cumbersome," it's absolutely
>         antithetical to the relationship between CCWG and its
>         independent counsel.
>
>         I strongly believe that the "default" must be the status quo,
>         i.e., that the CCWG (through reasonable processes) has the
>         ability and discretion to turn to its own counsel.  Further, I
>         strongly believe that CCWG's independent counsel must remain
>         Sidley Austin and Adler & Colvin.  They have been up a
>         tremendous learning curve and worked with us every step of the
>         way.  It would be folly to cast that aside.  It's worth noting
>         that Sidley is a full-service law firm with offices outside
>         the US in Beijing, Brussels, Geneva, Hong Kong, London,
>         Munich, Shanghai, Singapore, Sydney and Tokyo.  I'm confident
>         that Sidley (and Adler) will (a) tell us when they don't have
>         the expertise to help us, and (b) work with us on working
>         methods to make our use of the firms more cost-effective. 
>
>         Greg
>
>         On Tue, Jul 12, 2016 at 9:22 PM, Rudolph Daniel
>         <rudi.daniel at gmail.com
>         <javascript:_e(%7B%7D,'cvml','rudi.daniel at gmail.com');>> wrote:
>
>             Based on comments on the call today, IMO; A good body of
>             knowledge was accquired on the subject of legal requests
>             in wg1. WG2 legal resources would be both inhouse and
>             external, from start, We should be much more efficient
>             this time around. Each sub however will have their needs
>             and there may be requests applicable across the subgroups
>             and/or specific to a subgroup.
>             So, that suggests close relationship between budget
>             control and the former legal request team [reconfigured
>             and/or augmented] who would have to coordinate requests
>             across ws2 sub 
>             groups as i see it.
>             What determines the initial choice inhouse/external
>             resources may be a matter of consensus, but it may be
>             prudent to consider the process as [default] inhouse with
>             the flexible and necessary option of external sources by
>             consensus [as the fog clears so to speak]. I think it may
>             be cumbersome to request inhouse to solicit an opinion
>             from an external,  because there may arise an instance
>             where; on the strength of an opinion, [inhouse or
>             external] ; a wg2 may wish to reframe and seek
>             alternative advise elswhere.
>             rd
>
>
>
>             Rudi Daniel
>             /danielcharles consulting
>             <http://www.facebook.com/pages/Kingstown-Saint-Vincent-and-the-Grenadines/DanielCharles/153611257984774>/
>             *
>             *
>
>
>             On Tue, Jul 12, 2016 at 7:21 PM, Vinay Kesari
>             <vinay.kesari at gmail.com
>             <javascript:_e(%7B%7D,'cvml','vinay.kesari at gmail.com');>>
>             wrote:
>
>                 Dear all,
>
>                 I was unfortunately unable to join the call as I was
>                 on a flight at the time, my apologies. I've just had a
>                 chance to catch up on the Adobe Connect recording, and
>                 I'm happy to reconfirm my willingness and availability
>                 to serve as a rapporteur. Also, I agree with the
>                 thrust of Kavouss' comment at 0:24:30, and affirm my
>                 commitment to serve impartially. I look forward to
>                 working with Greg on the jurisdiction subgroup.
>
>                 Separately, on the issue of allocation of legal
>                 requests, I agree that we need further discussion, and
>                 endorse creating an Option 3 based on the points made
>                 and the specific requirements of the different WS2
>                 subgroups.
>
>                 Regards,
>                 Vinay
>
>
>                 On 12 July 2016 at 20:55, Mathieu Weill
>                 <mathieu.weill at afnic.fr
>                 <javascript:_e(%7B%7D,'cvml','mathieu.weill at afnic.fr');>>
>                 wrote:
>
>                     Dear Colleagues,
>
>                      
>
>                     Attached is a short set of slides to support our
>                     discussion on agenda item #4
>
>                      
>
>                     Talk to you in a few hours
>
>                     Mathieu
>
>                      
>
>                     *De :*accountability-cross-community-bounces at icann.org
>                     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>
>                     [mailto:accountability-cross-community-bounces at icann.org
>                     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>]
>                     *De la part de* MSSI Secretariat
>                     *Envoyé :* lundi 11 juillet 2016 19:46
>                     *À :* CCWG-Accountability
>                     *Objet :* [CCWG-ACCT] Proposed Agenda CCWG ACCT
>                     Meeting - 12 July 2016 @ 20:00 UTC
>
>                      
>
>                     Good day all,
>
>                     In preparation for your call, CCWG Accountability
>                     WS2 Meeting #2 
>                     <https://community.icann.org/x/FyOOAw>– Tuesday,
>                     12 July @ 20:00 – 22:00 UTC.  Time zone converter
>                     here
>                     <http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+Accountability+Meeting&iso=20160712T20&p1=1440&ah=2>     
>
>
>                     *Proposed Agenda:*
>
>                     1.        Welcome, SOI
>
>                     2.      
>                      Articles of Incorporation : finalize submission 
>
>                     3.      
>                      Appointment of rapporteurs for WS2 – next steps 
>
>                     4.      
>                      Legal Cost Control Mechanism : initial discussion 
>
>                     5.        AOB
>
>                     6.        Closing
>
>                      
>
>                     *Adobe Connect:
>                     *https://icann.adobeconnect.com/accountability/
>                     <https://icann.adobeconnect.com/accountability/>
>
>                       
>
>                     Thank you!
>
>                      
>
>                     With kind regards,
>
>                     Brenda Brewer 
>
>                     MSSI Projects & Operations Assistant
>
>                     ICANN-**Internet Corporation for Assigned Names
>                     and Numbers
>
>                      
>
>
>                     _______________________________________________
>                     Accountability-Cross-Community mailing list
>                     Accountability-Cross-Community at icann.org
>                     <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>                     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
>                 _______________________________________________
>                 Accountability-Cross-Community mailing list
>                 Accountability-Cross-Community at icann.org
>                 <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>                 https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
>             _______________________________________________
>             Accountability-Cross-Community mailing list
>             Accountability-Cross-Community at icann.org
>             <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>             https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
>         _______________________________________________
>         Accountability-Cross-Community mailing list
>         Accountability-Cross-Community at icann.org
>         <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>         https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
>
>     -- 
>     Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20160713/33edd0ab/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/gif
Size: 92 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20160713/33edd0ab/attachment-0001.gif>


More information about the Accountability-Cross-Community mailing list