Wouldn't it just be easier to say: "Domain names" are not included in the definition of "content" for purposes of this provision. ? Then we don't get into the question of the "meaning" of domain names -- another area where the answer is different on the human layer (where domain names have great meaning) and the technical layer (where a string is just a string).... Greg On Tue, Nov 24, 2015 at 1:50 PM, Silver, Bradley < Bradley.Silver@timewarner.com> wrote:
Fine with that tweak as well. I do want to make one suggested change to a drafting note, which is a point of clarity and is consistent with discussion on the call, as well as the back and forth on this list. We very much need to ensure that these restrictions are not going to be used to poke holes in the presumptive validity of provisions in the RAA and RA and PICs, which are supported by the Specs. So I propose:
· The issues identified in Specification*s *1 *and 11* to the Registry Agreement and Specification 4 to the Registrar Accreditation Agreement (the so-called “*Picket Fence*”)*, as well the associated provisions of such agreements (including but not limited to Sections 3.18 and 3.7.7. of the RAA)* are intended and understood to be within the scope of ICANN’s Mission
Bradley
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *Burr, Becky *Sent:* Tuesday, November 24, 2015 12:54 PM *To:* Mueller, Milton L; Accountability Community; ACCT-Staff *Subject:* Re: [CCWG-ACCT] Resolution of Mission Language related to regulation and contract
I am fine with “in service of” - just used in furtherance of because that is what the David Post language came around with
*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>
*From: *<Mueller>, Milton L <milton@gatech.edu> *Date: *Tuesday, November 24, 2015 at 12:50 PM *To: *Becky Burr <becky.burr@neustar.biz>, Accountability Community < accountability-cross-community@icann.org>, ACCT-Staff < acct-staff@icann.org> *Subject: *RE: [CCWG-ACCT] Resolution of Mission Language related to regulation and contract
Becky:
The statement on ICANN’s ability to enforce contracts: “in service of” its mission was clearly the most popular and acceptable language; “in furtherance of” was the least popular and acceptable. Please revert to “in service of”
--MM
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Burr, Becky *Sent:* Tuesday, November 24, 2015 12:15 PM *To:* Accountability Community <accountability-cross-community@icann.org>; ACCT-Staff <acct-staff@icann.org> *Subject:* [CCWG-ACCT] Resolution of Mission Language related to regulation and contract
Based on our call earlier today, I have modified the side-by-side comparison of the Mission Statement (comparing current Bylaws, 2nd Draft Proposal, and proposed 3rd Draft Proposal language) to reflect the 2nd Draft Proposal language plus the contract language as follows:
ICANN shall act strictly in accordance with, and only as reasonably appropriate to achieve its Mission. ICANN shall not impose regulations on services that use the Internet’s unique identifiers, or the content that such services carry or provide. ICANN shall have the ability to negotiate, enter into and enforce agreements with contracted parties in furtherance of its Mission.
I have added the following Note per our discussion:
*Note to drafters: In crafting proposed Bylaws language to reflect this Mission Statement, the CCWG wishes the drafters to reflect the following considerations*:
The prohibition on the regulation of “content” is not intended to prevent ICANN policies from taking into account the semantic meaning of domain names.
The issues identified in Specification 1 to the Registry Agreement and Specification 4 to the Registrar Accreditation Agreement (the so-called “*Picket Fence*”) are intended and understood to be within the scope of ICANN’s Mission. A side-by-side comparison of the formulation of the Picket Fence in the respective agreements is attached for reference.
The PDF (as well as the PDF of the Picket Fence language) is attached.
Please note also that I have added a general note to the effect that we expect the the Bylaws drafters may need to modify the Articles of Incorporation to align with the substantive changes to the Bylaws.
Becky
*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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