Agreed. In our public comment, Paul and I stated:
“As currently drafted [in Annex 11], the Board must accept GAC consensus advice unless two-thirds of the Board oppose that advice. Even then, the Board must
try in good faith to find a compromise solution. This potentially could include GAC advice that goes beyond or is contrary to ICANN’s scope and mission. The bylaw should clarify that Board-approved GAC advice, even if adopted by consensus, is subject to IRP
appeal.”
This is also why we recommend restricting GAC participation in the Empowered Community to an advisory role as long as it retains this power.
From: Phil Corwin [mailto:psc@vlaw-dc.com]
Sent: Thursday, January 07, 2016 11:12 AM
To: Schaefer, Brett; Burr, Becky; Mueller, Milton L; Jorge.Cancio@bakom.admin.ch; accountability-cross-community@icann.org
Cc: acct-staff@icann.org
Subject: RE: Deck for Meeting #75 Mission Statement discussion
But what if the Board cannot muster a 2/3 vote against GAC advice that goes beyond ICANN’s Mission and Core Values?
Then we have the equivalent of a Constitutional crisis, with the GAC in a position as a member of the empowered community to object to accountability escalation
attempts related to the situation.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From:
accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Schaefer, Brett
Sent: Thursday, January 07, 2016 11:08 AM
To: Burr, Becky; Mueller, Milton L;
Jorge.Cancio@bakom.admin.ch;
accountability-cross-community@icann.org
Cc: acct-staff@icann.org
Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
Yes, that should be clear.
Brett
Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Burr, Becky [mailto:Becky.Burr@neustar.biz]
Sent: Thursday, January 07, 2016 11:06 AM
To: Schaefer, Brett; Mueller, Milton L;
Jorge.Cancio@bakom.admin.ch;
accountability-cross-community@icann.org
Cc: acct-staff@icann.org
Subject: Re: Deck for Meeting #75 Mission Statement discussion
Importance: High
IMHO, the GAC is not bound by ICANN’s Mission and Core Values. It can issue any Advice it likes. But ICANN can only implement GAC Advice in a manner that is
consistent with ICANN’s Mission and Core Values.
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:
<Schaefer>, Brett <Brett.Schaefer@heritage.org>
Date: Thursday, January 7, 2016 at 10:48 AM
To: "Mueller, Milton L" <milton@gatech.edu>, "Jorge.Cancio@bakom.admin.ch" <Jorge.Cancio@bakom.admin.ch>, Becky Burr
<becky.burr@neustar.biz>, Accountability Community <accountability-cross-community@icann.org>
Cc: "acct-staff@icann.org" <acct-staff@icann.org>
Subject: RE: Deck for Meeting #75 Mission Statement discussion
Or, perhaps, that GAC advice should not be bound by ICANN’s mission and core values?
BrettSchaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Mueller, Milton L
Sent: Thursday, January 07, 2016 10:22 AM
To: Jorge.Cancio@bakom.admin.ch;
Becky.Burr@neustar.biz;
accountability-cross-community@icann.org
Cc: acct-staff@icann.org
Subject: Re: [CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
Jorge:
Can you please clarify what the implications are of this:
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
MM: Do you mean to imply that there should be no limits of ICANN’s mission?
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