I am no lawyer, so I would like to know,
Hoping that I am not going over old ground...so excuse my confusion.

"SMM would place a significant amount of power in the hands of individuals and stakeholders that hold no fiduciary obligations to ICANN"

Who does the NTIA hold fiduciary duty to? ICANN? Or to Congress?

.... "or the global stakeholder community."

Who is the SMM to hold fiduciary duty to principally? the global stakeholder community(?)

"These individuals and stakeholders are free to act in their personal interest and are not required to make decisions based on what is best for ICANN,"

Surely the ICANN board is there to interpret what is best for ICANN in its decision making?
Does the NTIA currently make decisions based on what is best for ICANN?

....."the ICANN community, and the global public interest."

The ICANN community is ??

The SMM is , mandated to act in whos best interest?
The NTIA acts in whose best interest?

The NTIA does wield a significant amount of power...so much so that risk of capture is negotiable.

So We would tend to want to mirror/duplicate the power of the NTIA as an SMM or other instrument.
What other control line parameter do we have but the NTIA's power or perceived power?

Dear all,

Attached please find a memo that Jones Day lawyers just sent to Sidley and Adler to respond to some of the characterizations of Jones Day's advice.

This memo is being forwarded to the CCWG-Accountability for transparency.

This memo was also circulated to the ICANN Board after it was sent to CCWG-Accountability's Counsel.

—Grace

Begin forwarded message:

> From: Kate Wallace <kwallace@jonesday.com>
> Date: October 1, 2015 at 8:49:24 PM PDT
> To: "Gregory, Holly" <holly.gregory@sidley.com>, "Rosemary E. Fei" <rfei@adlercolvin.com>
> Cc: Lizanne Thomas <lthomas@jonesday.com>, <jlevee@jonesday.com>, "Kevin B Espinola" <kbespinola@jonesday.com>, John Jeffrey <john.jeffrey @icann.org>, <samantha.eisner@icann.org>
> Subject: Continued Counsel Dialogue
>

> Dear Holly and Rosemary,
>
> In an effort to continue our dialogue, please see the attached document responding to some of the issues raised in the slides you distributed on 29 September 2015.
>
> Thanks,
> Kate
>
> Kate Wallace
> Partner
> JONES DAY® - One Firm Worldwide℠
> 555 S. Flower Street, 50th Floor
> Los Angeles, California 90071
> Office +1.213.243.2536
> kwallace@jonesday.com
>
>
>
> ==========
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> ==========
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