Fellow Councilors:

FYI https://www.icann.org/en/system/files/correspondence/chehade-to-cruz-et-al-19feb16-en.pdf

I cannot help but note that, rather than responding specifically and in detail to the nine separate questions (two containing subparts) posed by the Senators, Fadi has chosen to give a narrative response that appears to deliberately sidestep a number of them. I have assisted clients in responses to such questions from members of Congress over the years (generally as a follow up to committee testimony, but sometimes for such targeted inquiries) and would never advise – indeed, would actively counsel against – such a response.

Therefore, rather than closing out this episode, the letter may well be regarded by the Senators as nonresponsive to their questions and concerns, and therefore have the effect of prolonging rather than concluding this inquiry. That quite avoidable outcome is very unfortunate in my view, given the upcoming Congressional role in reviewing the IANA transition and ICANN accountability proposals.

Best, Philip

Philip S. Corwin, Founding Principal

Virtualaw LLC

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