Kavouss, I know that you have objected to this language before, but it has received strong support in two public comment rounds (subject to the contract enforcement question). I tried to address your concerns about the language regarding ICANN’s power to act. The notion that ICANN’s actions must be appropriate to achieve its Mission does not strike me as unusual or over-limiting. I hope that we can now agree to move forward. Becky J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer On 11/3/15, 2:40 PM, "Kavouss Arasteh" <kavouss.arasteh@gmail.com> wrote:
Dear Becky Thanks for yr kind efforts. Pls kindly clarify the objective of the qualifier" if reasonably appropriate" which part of the text the qualifier points to A) to achieve the mission B) to any other parts??? I believe obligation to achieve mission does not require any qualifier as the language is watered down by the two consecutive qualifiers( reasonably and appropriate) We need to be careful on test. Regards Kavouss "
Sent from my iPhone
On 3 Nov 2015, at 18:17, Burr, Becky <Becky.Burr@neustar.biz> wrote:
So, if we drop the competing lead ins (each of which elicits strong objections from one perspective or another) the text will read:
"ICANN shall act strictly in 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. 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.”
Can we agree to this approach?
Becky
J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer
On 11/3/15, 12:10 PM, "Malcolm Hutty" <malcolm@linx.net> wrote:
On 03/11/2015 16:54, Burr, Becky wrote: I understand the concern Malcolm, which is why I sent it out with both alternatives. What if we had neither ³in service of its mission² or ³notwithstanding its mission²?
I think "in service of its Mission" is useful and important clarifying language.
I suppose I could reluctantly accept its removal, in the interests of consensus, if that enabled us to finally put this issue to bed and we could finally freeze this text. But I feel that every time I make a concession in this area, others come back with a yet more radical and unacceptable additional demand. I'm not interested in being salami-sliced any further by my own concessions.
It's time for the IPC to show that they are interested in reaching agreement. If they are not, we should revert to the original language that was overwhelmingly supported through the previous two public comment periods, and the IPC can be invited to add a formal dissenting comment.
Malcolm.
J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer
On 11/3/15, 11:48 AM, "Malcolm Hutty" <malcolm@linx.net> wrote:
On 03/11/2015 15:13, Burr, Becky wrote: I¹ve attached a revised deck trying to lay out our conclusions from last night.
Becky,
I regret I wasn't aware of a meeting last night. Moreover, this message just arrived, and crossed with my reply to your message to Andrew immediately previously.
Regarding the chapeau, if your proposed resolution works for the IAB (as I suspect it will), then I am content, and my previous message of a few moments ago can be disregarded.
Regarding the "contracting" issue, I can accept adding the preliminary language "In service of its Mission". I cannot accept Greg's alternative suggestion "Notwithstanding the foregoing"; that would mean that the following statement completely supercedes and overrides the statement of there being a limited Mission.
If you need any further explanation of why the purple "notwithstanding the foregoing" is a non-starter, I can provide voluminous references to responses to public comment, and a comparison with the ISPCP statement issued in Dublin. I hope this will not be necessary, and that we can all agree on "In service of the Mission".
Malcolm. -- Malcolm Hutty | tel: +44 20 7645 3523 Head of Public Affairs | Read the LINX Public Affairs blog London Internet Exchange |
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