Becky, I think we had all agreed to drop the phrase "not engage in or use its powers to attempt the" My proposal of 6th November was intended to omit those words; they survived only as an artifact of copy/paste accidentally picking up deleted text, not because I wished to revive them. Malcolm On 10/11/2015 00:09, Burr, Becky wrote:
All -
In advance of our call tomorrow I want to flag the open issue in the Mission Statement – language prohibiting ICANN from regulating "services that use the Internet’s unique identifiers or the content that they carry or provide."
While there is strong consensus that (1) ICANN’s mission is limited and (2) ICANN should act only in furtherance of its mission, strong and divergent perspectives on the proposed language itself remain. The language has been in the proposed Mission Statement since our Frankfurt meeting last January. Numerous commenters supported the language in both the first and second comment periods on the grounds that ICANN should not attempt to regulate third parties through its agreements with registries and registrars. On the other hand, many commenters expressed concerns about potential unintended consequences of this language, and the impact that it might have, for example, on ICANN’s ability to enforce commitments contained in registry and/or registrar commitments (e.g., Public Interest Commitments, special-interest new gTLD applications, etc.).
The following chart (also attached as a PDF) compares the language in the 2nd Draft Report with language circulated shortly following the Dublin meeting, and suggested language proposed by Greg Shatan and Malcolm Hutty respectively to resolve this issue. (Another approach, which I floated, was strongly criticized.) As we review and discuss this language tomorrow, please keep in mind that we have always been clear that the language in the proposed Mission Statement is not final Bylaws language, rather it intended to guide those crafting final Bylaws. I look forward to a fruitful discussion in 12 hours!
2^nd Draft Report Language
Post-Dublin Language
Greg Shatan Proposal 2 Nov 2015
Malcolm Hutty Proposal 6 Nov 2015
ICANN shall have no power to act other than in accordance with, and as reasonably appropriate to achieve its Mission.
Without in any way limiting the foregoing absolute prohibition, ICANN shall not engage in or use its powers to attempt the regulation of services that use the Internet's unique identifiers, or the content that they carry or provide.
ICANN shall have no power to act strictlyother thanin accordance with, and only as reasonably appropriate to achieve its Mission.
Without in any way limiting the foregoing absolute prohibition, ICANN shall not regulate services that use the Internet's unique identifiers, or the content that such services carry or provide.
In service of its MissionICANN shall have the ability to enforce agreements with contracted parties, subject to established means of community input on those agreements and reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars.
ICANN shall have no power to act other than in accordance with, and as reasonably appropriate to achieve its Mission.
Without in any way limiting the foregoing absolute prohibition, ICANN shall not regulate services that use the Internet's unique identifiers, or the content that such services carry or provide.
ICANN and contracted parties entering into, complying with and enforcing agreements does not constitute regulation.
In service of its Mission, ICANN shall have the ability to enforce agreements with contracted parties, subject to established means of community input on those agreements and reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars.
ICANN shall only act strictly in accordance withand as reasonably appropriate to achieveits Mission.
Without in any way limiting the foregoing, ICANN shall not engage in or use its powers to attempt the regulation of services that use the Internet's unique identifiers to enable or facilitate their reachability over the Internet, nor shall it regulate or the content that those services carry or provide.
ICANN shall have the ability to negotiate, enter into and enforce agreements with contracted parties in service of its Mission.
subject to established means of community input on those agreements and reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars
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*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>
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