Bruce I do not really understand your wording Do you want that ICANN "to seek to control what content domain registrants may or may not publish on web sites (or other such systems)."? Pls clarify what really ICANN wants? If currently they regulate the content, it would contracdict the proposed language by CCWG in " Mission " If I understood the proposed language contained in the Mission by CCWG ,IT SIMPLY SAID " ICANN is not a regulator,"
and does not regulate content through these contracts Further, I do not really follow the logic why we have to devide the Mission in two parts: One part a simple and concise mission elements and Other part Scope of authority of ICANN Ii AM AFRAID WHATEVER YOU WISH TO MENTION IN THE SECOND PART WOULD HAVE DIRECT IMPACT ON THE FIRST PART. By the way, I have noticed that in the past I did send you Meany comments asking a reply BUT YOU HAVE INTENTIONALLY OR UNINTENTIONALLYY NOT replied to even one of them. I do not know the reason The singer or the song Regards Kavouss Kavouss
2015-12-16 12:30 GMT+01:00 Malcolm Hutty <malcolm@linx.net>:
On 16/12/2015 10:27, Bruce Tonkin wrote:
Hello Becky,
We had recommended splitting the text into a simple mission statement followed by a scope of responsibility.
The Mission Statement should be a short and simple statement that conveys what ICANN's purpose is and relates to the specific sector of activities in which ICANN operates.
Scope of Responsibilities: The Board suggests that the purpose of this section is to define ICANN's current scope of responsibilities within its Mission and in service to its Mission. It should describe what ICANN does, not how it does it, and must not change ICANN's existing role because that would have consequences for ICANN's operations, commitments, and responsibility to the Community
Bruce,
I saw this comment, but was uncertain as to the motivation for it.
Do you simply want a nice, short, simple Mission for "marketing and communications" purposes? If so, I see no particular difficulty. I can see that it might be helpful in some contexts.
However, we also say that the Mission is limited, that ICANN may not act outside the Mission, and that part of the IRP's job is to ajudicate on whether it has done so (and stop it from doing so), and all this is part of Fundamental Bylaws.
If we split "Mission" into two parts, "Mission" and "Scope", are you content that all the corresponding changes are made so that the effect remains the same. i.e. The Bylaws say that the Scope is limited, that ICANN may not act outside the Scope, and that part of the IRP's job is to ajudicate on whether it has done so (and stop it from doing so), and all this also be part of Fundamental Bylaws?
If we do that, all we've done is a wording change that may be helpful for communications. If, on the other hand, you want to move text out of the Mission definition into "Scope", but leave the Mission as the basis under which a challenge that ICANN has acted ultra vires is considered, (with the possibility that ICANN may act outside its Scope without recourse) then you are asking for a substantial change to the Mission limitation.
I'm uncertain as to which you intend.
Malcolm.
Suitable bylaws language supports the following two principles can be incorporated into the scope of responsibilities: (1) ICANN's entering into and enforcement of Registry and Registrar contracts is an important component of ICANN's work in coordination and allocation of names in the Root Zone of the DNS, and (2) ICANN is not a regulator, and does not regulate content through these contracts.
"does not regulate" -> "shall not regulate".
The latter is a prohibiion; the former is merely an assertion.
Regards, Bruce Tonkin
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