Jorge, 

I personally have been clear and consistent in my view that we were not asking the lawyers a question that can lead to a useful legal opinion.  I believe that Holly concurred in my view that we would spend a lot of money and learn that the answer depends on the facts in any specific situation, none of which can be predicted in advance.  I know that you and others continue to believe that there is some value in this, but as someone who has been on the receiving end of questions like that, I think would be a tremendous waste of ICANN resources.  

That said, I’m not the decision-maker here, just offering an opinion.

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


From: "Jorge.Cancio@bakom.admin.ch" <Jorge.Cancio@bakom.admin.ch>
Date: Thursday, January 7, 2016 at 3:47 AM
To: Becky Burr <becky.burr@neustar.biz>, Accountability Community <accountability-cross-community@icann.org>
Cc: "acct-staff@icann.org" <acct-staff@icann.org>
Subject: AW: Deck for Meeting #75 Mission Statement discussion

Dear Becky, dear Co-Chairs and dear all,

 

For info: this is the full text of the GAC consensus input of December 21st on recommendation 5:

 

Changing aspects of ICANN’s Mission. Commitments and Core Values

(RECOMMENDATION 5)

 

The GAC notes that legal advice is being sought by the CCWG to clarify the

practical effect of this Recommendation, and believes this is appropriate.

 

The GAC expects that any changes will not reduce the current role of the GAC in

providing advice on the activities of ICANN as they relate to concerns of

governments, particularly matters where there may be an interaction between

ICANN’s policies and various laws and international agreements or where they

may affect public policy issues (as provided in the current ByLaws). This includes

issues such as consumer protection, the respect for fundamental rights and

freedoms and law enforcement.

 

The GAC further expects that changes to ICANN’s mission and core values should

not constrain the Board from accepting and implementing GAC advice. In

addition, ICANN’s ability to enforce contractual obligations and act upon the

public policy advice of the GAC should not be inadvertently impacted.

 

==

 

And: what happened with the question to the lawyers which we decided to formulate to the lawyers on this very issue last December? Could you please inform on the status of this question?

 

Regards

 

Jorge

 

Von: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] Im Auftrag von Burr, Becky
Gesendet: Mittwoch, 6. Januar 2016 20:03
An: Accountability Community <accountability-cross-community@icann.org>
Cc: ACCT-Staff <acct-staff@icann.org>
Betreff: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
Wichtigkeit: Hoch

 

 

Is attached in DRAFT FORM.  Anything missing or wrong should be attributed to incompetence rather than conspiracy.  I am still working on questions in 1 section.  I will also shortly resend a variety of previously circulated resource documents.

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