Becky, this is surprising. As far as I can recall, NO ONE supported the overly specific, non- technically neutral language you have on the slide. I don’t know you got the conclusion that “folks generally felt that this language could work as a direction to drafters.”

Let me update you on the actual state of play.

I proposed a specific alternative:

ICANN shall act strictly in accordance with, and only as reasonably appropriate to, achieve its Mission.  Without limiting the foregoing:

• ICANN shall not impose regulations on:
  • Information services which use the Internet’s unique identifiers but are not registries or registrars, or
  • The content that such services carry or provide
• ICANN shall have the ability to enter into and enforce agreements with contracted parties, insofar as those agreements are consistent with its Mission. 

There was one complaint about this, namely that registries and registrars were becoming vertically integrated. I proposed to rectify this problem (which may not even be a problem) by referring to the RAA and RA instead.

From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Burr, Becky
Sent: Monday, November 16, 2015 5:16 PM
To: Accountability Community
Subject: [CCWG-ACCT] SIDE BY SIDE on Regulation/Contract language

I am recirculating the slide that compares the 2nd Draft Report language with alternative language discussed on our last call.  Although some who participated in the discussion found the definition of services to be a bit clunky, folks generally felt that this language could work as direction to drafters.  We need to reach closure on this issue.  

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: <Burr>, Becky Burr <becky.burr@neustar.biz>
Date: Thursday, November 12, 2015 at 9:29 PM
To: Greg Shatan <gregshatanipc@gmail.com>
Cc: Keith Drazek <kdrazek@verisign.com>, Malcolm Hutty <malcolm@linx.net>, Accountability Community <accountability-cross-community@icann.org>
Subject: Re: [CCWG-ACCT] Attempt to summarize discussion regarding Mission and Contract

I have prepared a side by side comparing the 2nd Draft Report language with Greg’s suggested language.  I hope this will make our discussion later on  more productive.  

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: Greg Shatan <gregshatanipc@gmail.com>
Date: Thursday, November 12, 2015 at 1:05 PM
To: Becky Burr <becky.burr@neustar.biz>
Cc: Keith Drazek <kdrazek@verisign.com>, Malcolm Hutty <malcolm@linx.net>, Accountability Community <accountability-cross-community@icann.org>
Subject: Re: [CCWG-ACCT] Attempt to summarize discussion regarding Mission and Contract

• ICANN shall not impose regulations on:

• services (i.e., the software processes by which commands received via the Internet are processed and a response is generated and transmitted via the Internet, to be viewed in a web browser, email client, or the like) which use the Internet’s unique identifiers, or
• the content that such services carry or provide

• ICANN shall have the ability to enter into and enforce agreements with contracted parties, in furtherance of its Mission.