On 7 Jan 2016 5:32 PM, "Schaefer, Brett" <Brett.Schaefer@heritage.org> wrote:
Even then, the Board must try in good faith to find a compromise solution. This potentially could include GAC advice that goes beyond or is contrary to ICANN’s scope and mission.
SO: This is correct and such possibility is applicable in any decision of the board, irrespective of whether it's GAC advice or not. No?
The bylaw should clarify that Board-approved GAC advice, even if adopted by consensus, is subject to IRP appeal.”
SO: Is there a section of the current proposal that makes board's decision on GAC advice immune to community powers? (with IRP being an escalation path). I will like to see reference to that specific part as I have not seen such yet. The community powers is based on board's action/inaction so I don't understand what clarification is required when no exceptions (in this context) were made in the first place. Regards
This is also why we recommend restricting GAC participation in the
Empowered Community to an advisory role as long as it retains this power.
________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National
Security and Foreign Policy
The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Phil Corwin [mailto:psc@vlaw-dc.com] Sent: Thursday, January 07, 2016 11:12 AM To: Schaefer, Brett; Burr, Becky; Mueller, Milton L; Jorge.Cancio@bakom.admin.ch; accountability-cross-community@icann.org Cc: acct-staff@icann.org
Subject: RE: Deck for Meeting #75 Mission Statement discussion
But what if the Board cannot muster a 2/3 vote against GAC advice that goes beyond ICANN’s Mission and Core Values?
Then we have the equivalent of a Constitutional crisis, with the GAC in a position as a member of the empowered community to object to accountability escalation attempts related to the situation.
Philip S. Corwin, Founding Principal
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From: accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Thursday, January 07, 2016 11:08 AM To: Burr, Becky; Mueller, Milton L; Jorge.Cancio@bakom.admin.ch; accountability-cross-community@icann.org Cc: acct-staff@icann.org Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
Yes, that should be clear.
________________________________
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Burr, Becky [mailto:Becky.Burr@neustar.biz] Sent: Thursday, January 07, 2016 11:06 AM To: Schaefer, Brett; Mueller, Milton L; Jorge.Cancio@bakom.admin.ch; accountability-cross-community@icann.org Cc: acct-staff@icann.org Subject: Re: Deck for Meeting #75 Mission Statement discussion Importance: High
IMHO, the GAC is not bound by ICANN’s Mission and Core Values. It can issue any Advice it likes. But ICANN can only implement GAC Advice in a manner that is consistent with ICANN’s Mission and Core Values.
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: <Schaefer>, Brett <Brett.Schaefer@heritage.org> Date: Thursday, January 7, 2016 at 10:48 AM To: "Mueller, Milton L" <milton@gatech.edu>, "Jorge.Cancio@bakom.admin.ch" <Jorge.Cancio@bakom.admin.ch>, Becky Burr <becky.burr@neustar.biz>, Accountability Community <accountability-cross-community@icann.org> Cc: "acct-staff@icann.org" <acct-staff@icann.org> Subject: RE: Deck for Meeting #75 Mission Statement discussion
Or, perhaps, that GAC advice should not be bound by ICANN’s mission and core values?
________________________________
BrettSchaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] On Behalf Of Mueller, Milton L Sent: Thursday, January 07, 2016 10:22 AM To: Jorge.Cancio@bakom.admin.ch; Becky.Burr@neustar.biz; accountability-cross-community@icann.org Cc: acct-staff@icann.org Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
Jorge:
Can you please clarify what the implications are of this:
The GAC further expects that changes to ICANN’s mission and core values should
not constrain the Board from accepting and implementing GAC advice. In
MM: Do you mean to imply that there should be no limits of ICANN’s mission?
________________________________
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