Re: [CCWG-ACCT] Minority statements inclusion in report

Dec. 1, 2015

      Suggested tweak -

It means that the parties who entered into existing contracts intended (and intend) to be bound by those agreements.  It means that neither a contracting party nor anyone else should be able to bring a case that any provisions of such agreements on their face, are ultra vires.  It does not, however, modify any contracting party's right to challenge the other party¹s interpretation of that language. It does not modify the right of any person or entity materially affected (as defined in the Bylaws) by an action or inaction in violation ICANN¹s Bylaws to seek redress through an IRP.  Nor does it modify the scope of ICANN's Mission.

-----Original Message-----
From: Mueller, Milton L [mailto:milton@gatech.edu]
Sent: Tuesday, December 01, 2015 3:02 PM
To: Burr, Becky; Silver, Bradley; David Post
Cc: Thomas Rickert; Accountability Cross Community
Subject: RE: [CCWG-ACCT] Minority statements inclusion in report

Acceptable to me, thanks. David? Malcolm?

--MM
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-----Original Message-----
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From: Burr, Becky [mailto:Becky.Burr@neustar.biz]
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Sent: Tuesday, December 1, 2015 12:29 PM
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To: Silver, Bradley; Mueller, Milton L; David Post
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Cc: Thomas Rickert; Accountability Cross Community
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Subject: Re: [CCWG-ACCT] Minority statements inclusion in report
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I have no problem providing additional guidance to the drafters:
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What does it mean that the language of these agreements are
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grandfathered?
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It means that the parties who entered into existing contracts
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intended (and
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intend) to be bound by those agreements.  It means that neither a
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contracting party or anyone else should be able to bring a free
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standing case that the language, without context, is ultra vires.  It
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does not, however, modify any contracting party¹s right to challenge
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the other party¹s interpretation of that language. It does not modify
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the right of any party materially affected (as defined in the Bylaws)
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by an action or inaction in violation ICANN¹s Bylaws to seek redress
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through an IRP.  Nor does it modify the scope of ICANN¹s Mission.
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J. Beckwith Burr
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Neustar, Inc. / Deputy
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General Counsel & Chief Privacy Officer
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1775 Pennsylvania Avenue NW, Washington D.C. 20006
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Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
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<http://www.neustar.biz>
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On 12/1/15, 12:18 PM, "Silver, Bradley"
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<Bradley.Silver@timewarner.com<mailto:Bradley.Silver@timewarner.com>>
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wrote:
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Milton - who is the "other party" in your suggested amendment below?
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-----Original Message-----
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From: Mueller, Milton L [mailto:milton@gatech.edu]
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Sent: Tuesday, December 01, 2015 12:13 PM
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To: Burr, Becky; David Post; Silver, Bradley
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Cc: Thomas Rickert; Accountability Cross Community
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Subject: RE: [CCWG-ACCT] Minority statements inclusion in report
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-----Original Message-----
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It means that the parties who entered into existing contracts
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intended (and
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...
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intend) to be bound by those agreements.  It means that neither a
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...
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contracting party or anyone else should be able to bring a free
...
...
...
standing case that the language, without context, is ultra vires.
...
...
...
It does not, however, modify any contracting party¹s right to
...
...
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challenge the other party¹s interpretation of that language.  Nor
...
...
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does it modify the scope of ICANN¹s Mission.
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This is reassuring, Becky, but I want it to be clear.
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Are you willing to add to the current report the following language:
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The grandfathering statement, however, cannot be used to modify the
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scope
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of ICANN's mission nor to modify any contracting party¹s right to
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challenge the other party¹s interpretation of contractual language if
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they think enforcement actions are expanding the scope of ICANN's
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mission.
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