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

[Nigel Roberts]

Greg puts the case in a reasoned and powerfully convincing manner.

ICANN's in-house legal department, though much better now, were, in the 
early days, responsible for some terrible tail-wagging-the-dog.

The CCWG will become largely irrelevant if ICANN legal can influence the 
questions and answers we receive.

On 13/07/16 19:58, Greg Shatan 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 reasons, 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
> <mailto: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 <mailto: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
>         <mailto: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
>             <mailto:accountability-cross-community-bounces at icann.org>
>             [mailto:accountability-cross-community-bounces at icann.org
>             <mailto: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
>             <mailto: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
>         <mailto: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
>     <mailto: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
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>