Just for the sake of absolute precision, I think the Board’s point is that the carve out – and hence the 3 SO/AC threshold – could apply where an IRP determines that the Board’s actions in response to GAC Advice contravene the Bylaws. I think what worries the Board is that the notion that the Board could be recalled by 3 SO/AC combination for action that DOES NOT contravene the Bylaws. 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<http://www.neustar.biz> From: Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>> Date: Friday, February 19, 2016 at 1:15 PM To: 'Phil Corwin' <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>, Greg Shatan <gregshatanipc@gmail.com<mailto:gregshatanipc@gmail.com>>, Kavouss Arasteh <kavouss.arasteh@gmail.com<mailto:kavouss.arasteh@gmail.com>> Cc: 'Thomas Rickert' <thomas@rickert.net<mailto:thomas@rickert.net>>, Accountability Community <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-ACCT] Carve-out issue +1 Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweigesq@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 Skype: paul.rosenzweig1066 Link to my PGP Key<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.redbranchconsulting....> [cid:image001.png@01D16B17.90D93970]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.rsaconference.com_ev...> From: Phil Corwin [mailto:psc@vlaw-dc.com] Sent: Friday, February 19, 2016 12:52 PM To: Greg Shatan <gregshatanipc@gmail.com<mailto:gregshatanipc@gmail.com>>; Kavouss Arasteh <kavouss.arasteh@gmail.com<mailto:kavouss.arasteh@gmail.com>> Cc: Thomas Rickert <thomas@rickert.net<mailto:thomas@rickert.net>>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org> Subject: Re: [CCWG-ACCT] Carve-out issue Greg: Assuming that the new Board position is indeed a response to a minority position of a few GAC members, I am in full agreement that it “should serve as a warning to us all”. Indeed, it emphasizes exactly why the GAC should not be able to block the community’s ability to hold the Board accountable for implementing GAC consensus advice that the community feels is outside the scope of the Bylaws or Mission Statement. Best. Philip Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From:accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Greg Shatan Sent: Friday, February 19, 2016 12:38 PM To: Kavouss Arasteh Cc: accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; Thomas Rickert Subject: Re: [CCWG-ACCT] Carve-out issue It is alarming that a few GAC members could seek to undo a carefully balanced compromise. And even more alarming that those few GAC members could so quickly trigger a Board intervention. The carve-out is balanced against the concerns of other stakeholders with regard to (i) the proposed supermajority threshold for Board rejection of GAC advice and (ii) the GAC's overall role as a decisional participant in the Empowered Community, rather than its traditional advisory capacity. The carve-out itself underwent a compromise, requiring the Community to go through an IRP before exercising the power of Board recall. When one pulls on one end of a compromise, the other end tends to move as well. Do other stakeholders need to send countervailing warnings? Will the Board respond as quickly? Do we want to find out? I think this extraordinary response to a minority report should serve as a warning to us all. Greg On Fri, Feb 19, 2016 at 12:22 PM, Kavouss Arasteh <kavouss.arasteh@gmail.com<mailto:kavouss.arasteh@gmail.com>> wrote: Please kindly confirm and acknowledge recipt of wanrning message Regards Kavouss 2016-02-19 18:10 GMT+01:00 Kavouss Arasteh <kavouss.arasteh@gmail.com<mailto:kavouss.arasteh@gmail.com>>: Dear Co-chairs You have seen the concerns of 11 Governments which would certainly be echoed by other gouvernements soon. This is an ALARMING SITUATION , If there is no consensus means there is no consensus , We could not favour one community in disfavouring another one. Perhaps it was hoped that the people could join the consensus but it does not come up as such If a mistake has occurred we should repair it . Howmany times we have changed our concept from Voluntry Model to Sole member from Sole Member to Sole designator . THE ISSUE IS CRITICAL Pls do not rush to publish the report as being sent to the chartering organization just hold on for few more days untill your 26 feb. calls Try to find out some solution including going back to the initial stage of REC. 11 without no carve-out and with two options of simple majority and 2/3 theshold and rediscuss that. You can not ignor the growing concerns of several governments and would certainly be further grown up soon Regards Kavouss _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_accountability-2Dcross-2Dcommunity&d=CwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=guusLuvtqD1j7nKqaUhBU6PnWk15AIgAcdJMrsbOcGU&s=Hzg0trn6-DcJzuYFDYd60Q_xbVgd4ZG9Vk6RIh2drL8&e=> ________________________________ No virus found in this message. Checked by AVG - www.avg.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avg.com&d=CwMFaQ&c=M...> Version: 2016.0.7303 / Virus Database: 4530/11623 - Release Date: 02/14/16
