Co-chairs, and Colleagues,

First, in my opinion, the question of whether a global public interest could exist admits a non-negative answer.

Second, California requires of its applicant corporations for public benefit status that an interest which it determines is a public interest be pursued by the applicant.

So, minimally, the Board's observation that one or more Recommendations from this group be reviewed for consistency with the public interest as represented to the state of California by the Corporation is contained within its use of "global public interest", and as I observed in my first remark, the statement of public interest offered to the state of California may not exhaust the standard of review.

Eric Brunner-Williams
Eugene, Oregon




On 12/24/15 5:57 AM, Thomas Rickert wrote:
All, 
please find below our note to the Advisors as discussed during the previous CCWG call.

Thomas



Anfang der weitergeleiteten Nachricht:

Von: Thomas Rickert <thomas@rickert.net>
Datum: 23. Dezember 2015 um 22:31:46 MEZ
An: ccwg-advisors@icann.org
Betreff: [CCWG-Advisors] question regarding Global Public Interest

Dear Advisors, 
as you will have noted, the ICANN Board has filed comments on our 3rd draft report a few days back (attached). Our group thanks the Board for these comments, some of which can be addressed during the implementation of our work.

However, there are a few areas where the Board has raised concerns with respect to the Global Public Interest.

These are:

Recommendation #1: Establishing an Empowered Community for Enforcing Community Powers

Recommendation #4: Ensuring Community Engagement in ICANN Decision-making: Seven New Community Powers 
Budget & start plan

Recommendation #5: Changing Aspects of ICANN’s Mission, Commitments and Core Values

Recommendation #6: Reaffirming ICANN’s Commitment to Respect Internationally Recognized Human Rights as it Carries Out its Mission

Recommendation #12: Committing to Further Accountability Work in Work Stream 2

In its resolution of October 16th, 2014, the Board had clarified that it would test whether final recommendations are in the Global Public Interest.

We have asked the Board to provide information on what definition of the Global Public Interest it has used and what the rationale for their current assessment of our recommendations is. The answer to that question is still pending.

However, we are reaching out to you now as we want to understand better the impact of Global Public Interest as we continue to work on our final recommendations. Our plan is to offer explanations in our final report where we speak to the Global Public Interest and why we are of the opinion that our recommendations in their final form are in the Global Public Interest.

We would therefore appreciate your input at your earliest convenience on

1.      suggested definition(s) of the Global Public Interest that our group could use;

2. which of the recommendations in our 3rd report, if any, give raise Global Public Interest concerns according to your assessment; and

3. how you suggest we can resolve the Global Public Interest issues, which are identified.

Thank you very much,  kind regards and a great holiday season, 
Mathieu Weill, Léon Sanchez, Thomas Rickert


Thomas Rickert
Rechtsanwalt
tel: +49.228.74 898.0
fax: +49.228.74 898.66
email: thomas@rickert.net
web: rickert.net
  
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RICKERT Rechtsanwaltsgesellschaft m.b.H. (i.e. law firm)
Kaiserplatz 7 - 9, 53113 Bonn, Germany
HRB 9262, AG Bonn - GF/CEO: Thomas Rickert

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