I have a proposal for discussion.
Start from the premise that ICANN may implement GAC Advice only consistent with the Bylaws, including the Mission. What if we accept the 2/3rd rejection language but also provide that the GAC cannot act in a decision-making role with respect to an exercise of community power designed to challenge the Board’s implementation of GAC Advice. In other words, the GAC would not be counted in the “no more than two SO/ACs objecting” threshold to a community IRP challenge to the Board’s implementation of GAC Advice alleged to exceed the scope of ICANN’s Mission.
I think this addresses the two bites at the apple problem we might otherwise have, and provides a safety valve to counter balance the 2/3rds rejection threshold.
Just a thought -J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
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