[CCWG-ACCT] Legal Committee and WS2 budget - new proposal

Mon Jul 18 18:48:53 UTC 2016

Carlos,

That might work for some of the subgroups where the questions is largely
one of fashioning ICANN policy without reference to external legal
frameworks, but I don't think it will work for the subgroups where the
questions are inherently legal (or those that fall in the middle between
these two extremes).

The calls for legal counsel will start in the subgroups, not in the legal
committee.  As I understand it, the legal committee will be responsible for
identifying those requests that might not require legal advice (in order to
avoid unnecessary legal spend), and for seeking to clarify those that
appear vague or overbroad (and which would thus be more costly to deal with
than they should be).

In sum, we should deal with this on a case-by-case basis, without broad
pronouncements.  As such, you  (or anyone) would be free to say in a
subgroup that they don't see the need for legal advice at that time, and it
would be up to the subgroup to make that initial determination

Greg

On Mon, Jul 18, 2016 at 2:26 PM, Carlos Raúl Gutiérrez G. <crg at isoc-cr.org>
wrote:

>  Robin Gross wrote:
>
>  Let’s try to stay focused on the substance of what we are here to do and
>> not get sucked into opportunities for endless argument on administrative
>> issues that we had set up this committee to deal with previously.
>>
>
> Couldn’t we do our work and let a semi-final draft up for legal revision?
> Do we have to work all along hand in hand with external lawyers? Enough
> external legal training for the tie being. Let´s hammer out a deal, and let
> the external lawyers come in later.
>
> Carlos R. Gutiérrez
>
>>
>> Thanks,
>> Robin
>>
>>
>>
>> On Jul 18, 2016, at 10:15 AM, Paul Rosenzweig <
>>> paul.rosenzweig at redbranchconsulting.com> wrote:
>>>
>>> With respect, I disagree.  The question of whether or not to seek advice
>>> is a ministerial one that can and should be left to the good judgment of
>>> the co-chairs and the committee members.   As we have seen in the last few
>>> days, the broader CCWG can get overwhelmed with disagreement on relatively
>>> inconsequential matters of process when for the most part our thinking and
>>> time are best devoted to substantive questions that require analysis and
>>> resolution
>>>
>>> Cheers
>>> Paul
>>>
>>> Paul Rosenzweig
>>> paul.rosenzweig at redbranchconsulting.com <mailto:
>>> paul.rosenzweig at redbranchconsulting.com>
>>> O: +1 (202) 547-0660
>>> M: +1 (202) 329-9650
>>> VOIP: +1 (202) 738-1739
>>> www.redbranchconsulting.com <http://www.redbranchconsulting.com/>
>>> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ <
>>> http://redbranchconsulting.com/who-we-are/public-pgp-key/>
>>>
>>> From: 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>] On Behalf Of Seun
>>> Ojedeji
>>> Sent: Monday, July 18, 2016 12:32 PM
>>> To: Mathieu Weill <mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr
>>> >>
>>> Cc: ACCT-Staff <acct-staff at icann.org <mailto:acct-staff at icann.org>>;
>>> accountability-cross-community at icann.org <mailto:
>>> accountability-cross-community at icann.org>
>>> Subject: Re: [CCWG-ACCT] Legal Committee and WS2 budget - new proposal
>>>
>>> Hello Mathieu,
>>>
>>> The attached document indicated that decision will be handled based on
>>> case by case basis which is fine.
>>>
>>> However I think sub-bullet 1 of item 2 on page 6 is not explicit about
>>> decision making process. I like to suggest that when independent council is
>>> required, the legal committee should rather recommend (not decide on
>>> behalf) to the group as it should be the decision of the CCWG-ACT to make.
>>> Such recommendation should also include adequate rationale on why external
>>> council is preferred over ICANN legal staff.
>>>
>>> Regards
>>>
>>> Sent from my LG G4
>>> Kindly excuse brevity and typos
>>>
>>>
>>> On 18 Jul 2016 5:10 p.m., "Mathieu Weill" <mathieu.weill at afnic.fr
>>> <mailto:mathieu.weill at afnic.fr>> wrote:
>>>
>>>> Dear Colleagues,
>>>>
>>>> Based on the feedback received during last week’s call, as well as on
>>>> the robust discussion on the list, we are suggesting a revised approach for
>>>> the Legal Committee :
>>>> -          Composition based on previous Legal executive team
>>>>
>>>> -          Co-chairs remain budget owners, working with support from
>>>> the PCST
>>>>
>>>> -          Legal committee may direct requests to external firms, on a
>>>> case by case assessment taking into account costs, skills as well as
>>>> potential requirement for “independent” advice.
>>>>
>>>>
>>>> We believe this strikes a good balance between the need to manage costs
>>>> efficiently and responsibly, and the ability for our group to request
>>>> independent advice when needed.
>>>>
>>>> Depending on the feedbacks, we will report on our progress to the Board
>>>> Finance Committee and SO/AC leaders during a call that has been arranged at
>>>> the BFC’s request on Monday 25 July.
>>>>
>>>> Best regards,
>>>> Mathieu Weill
>>>> Co-chair
>>>>
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