Hi, On Thu, May 12, 2016 at 05:27:20PM +0000, Rosemary E. Fei wrote:
As CCWG's legal counsel, we have no legal concerns if the CCWG prefers not to protect the existing Plans from challenge for exceeding ICANN's Mission, but I did want to clarify that, as drafted, ONLY the current versions of the Plans are so protected; NO renewals or future Plans, nor any amendments to the existing Plans, would have such protection under the language currently in the Draft Bylaws.
The way E is written, it's the plan as of some future date. As I understand it, that's a plan that hasn't actually be adopted yet. If this were restricted to current already-operating plans, I would have fewer reservations, but I would still take it to be outside the remit delivered by the CCWG Proposal. The operating and strategic plans were not identified in the Proposal, and therefore the community didn't consider the substantive question of whether that'd be ok. Best regards, A -- Andrew Sullivan ajs@anvilwalrusden.com