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WP2 Issues with third draft
by Alan Greenberg Nov. 24, 2015

Nov. 24, 2015

I have not had the time to do a de novo review of the current draft from a WP2 perspective, but I have reviewed it for changed in response to the ALAC comments. Following are issues which to the best of my knowledge, I cannot find any appropriate changes. MISSION, CORE VALUES Page 33: In the infamous "ICANN shall have no powers" section (those words since removed), I have been assured that there will be instructions to the lawyers so that the final crafted Bylaw will make it clear that for the purposes of this section, the identifiers themselves will be deemed not to be content. A footnote in the Annex would give me some comfort. Page 35: "Preserve and enhance the neutral and judgment free operation of the DNS...". The ALAC had problems with this clause. At some point I was told the words came directly from the AoC. I cannot find them. What is the rationale and exactly how is ICANN supposed to do this. I can accept ICANN taking no actions to violate this, but the wording is far wider than that. Page 38: "Depending on market mechanisms to promote and sustain a healthy competitive environment in the DNS market.". The original text was preceded by "Where feasible and appropriate". ICANN has a responsibility to uphold the public interest, and to do that it must be able to make value judgements as to when the open market mechanisms are sufficient and when it must intervene. Adding the words "healthy" and "bottom up" are not sufficient to accomplish that. Nowhere: Article 3 of the AoC includes the text "promote competition, consumer trust, and consumer choice in the DNS marketplace". Consumer choice and consumer choice did not make it into the revised Bylaws. The ALAC is not overly concerned with consumer choice, but is very concerned about consumer trust. It must be incorporated. IRP The IRP still includes that ability to address conflicting panel discussions (there was talk about handling these in another way, but I can find no such text). However, the outcomes of the IRP do not allow for a decision to address this kind of IRP. Alan

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Priority on Mission/Contract issue
by Burr, Becky Oct. 22, 2015

Oct. 22, 2015

Does this reasonably reflect our luncheon discussions? Agreed to work to modify the proposed Mission Statement to clarify that ICANN is able to enforce agreements with contracted parties, subject to reasonable checks and balances on its ability to impose obligations exceeding ICANN’s Mission on registries and registrars. J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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Reminder - brown bag lunch today on Mission Commitment & Core Values open issues
by Burr, Becky Oct. 21, 2015

Oct. 21, 2015

Just a reminder that we will meet again from 12:30 to 13:30 today to discuss “open” issues on the Mission Commitment and Core Values text – particularly focusing on the contract enforcement issue. We will have two reserved tables on the auditorium level. The tables are on the left side as you face the auditorium, near the entrance. Please share this information with others who may be interested in our discussion. Best, Becky J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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Final issues on Mission Commitment & Core Values - break out
by Burr, Becky Oct. 20, 2015

Oct. 20, 2015

Hello all, In the hopes of closing open issues I would like to have brief discussions over lunch today and tomorrow – 12:30 to 13:30. Please let me know by return email if you are able to participate, and apologies for last minute arrangements. For those who are remote, it is highly unlikely that we will be able to pull together adobe room coverage. Becky J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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brown bag on Mission Commitment & CoreValues today 12:30 and tomorrow 12:30
by Burr, Becky Oct. 20, 2015

Oct. 20, 2015

At reserved tables outside of the auditorium. Grab your lunch and join us J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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MC&CV comparison to existing bylaws for discussion
by Burr, Becky Oct. 20, 2015

Oct. 20, 2015

J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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Re: [WP2] FW: draft summary comments on Principles
by Burr, Becky Oct. 19, 2015

Oct. 19, 2015

Does this work Rafael? · The governments of Brazil, and Argentina objected to the reference to private sector leadership in Core Value 7 and Commitment 5 on the grounds that it is inconsistent with the multi-stakeholder model. The government of Spain does not object to the reference to private sector leadership in Commitment 5 but suggests modifying the text of Commitment 5 by adding the following phrase: ³while duly taking into account the public policy advice of governments and public authorities, whenever public interest is affected.² Other commenters strongly defend the language, pointing out that the ICANN Bylaws assign primary policy development responsibility to the GNSO/ALAC and the ccNSO, with the GAC playing an advisory role. · ALAC and others urge that the list of private sector stakeholders be expanded to include end users. The government of Spain has indicated that it would support this change J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer On 10/17/15, 3:42 PM, "Perez Galindo, Rafael" <RPEREZGA(a)minetur.es> wrote: > >"The governments of Spain, Brazil, and Argentina objected to the >reference to private sector leadership in Core Value 7 and Commitment 5. >Spain suggested that the text of Commitment 5 could be modified by adding >the following phrase: ³while duly taking into account the public policy >advice of governments and public authorities, whenever public interest in >affected.² Other commenters strongly defend the language, pointing out >that the ICANN Bylaws assign primary policy development responsibility to >the GNSO/ALAC and the ccNSO, with the GAC playing an advisory role. The >language suggested by Spain already appears in Core Value 7. " > >- First comment, Spain does not object to the inclusion of "private >sector led" language in neither CV 7 nor Commitment 5. > >- Second comment, even if CV 7 already talks about the role of >governments, a mention to it should be as well be included in Commitment >5, out of respect for everybody's role in the MS model (if we take on >your argument about "repetition", then there would be many repetitions in >both texts and many repeated words, such as "private sector led", would >have to be struck out as well). I see no reason to leave out a reference >to a stakeholder (governments) role in Commitment 5. And that is why I >proposed a simple language reflecting the advisory role of government to >be added. > >On the other hand, Spain would support ALAC and others who ask for a >expansion of the list of private sector stakeholders to include end users. >

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final comment summary for principles section
by Burr, Becky Oct. 19, 2015

Oct. 19, 2015

I have revised this summary for use this afternoon. In light of the unresolved issues regarding the regulatory prohibition language in the Mission Statement, I have removed the discussion and simply noted that some commenters have objected on the grounds that it could be interpreted to prevent ICANN from enforcing contracts with registries and registrars. J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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revised summary of comments on principles
by Burr, Becky Oct. 19, 2015

Oct. 19, 2015

This document has been revised to reflect input from Jorge and Rafael. I have removed the proposed approach to addressing the contract enforcement issue as we do not seem to have consensus on the language here. J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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FW: draft summary comments on Principles
by Perez Galindo, Rafael Oct. 19, 2015

Oct. 19, 2015

Dear Becky as regards Commitment 5 and CV 7, I would kindly like to make two corrections to the statement referring comments from Spain. The summary says: "The governments of Spain, Brazil, and Argentina objected to the reference to private sector leadership in Core Value 7 and Commitment 5. Spain suggested that the text of Commitment 5 could be modified by adding the following phrase: “while duly taking into account the public policy advice of governments and public authorities, whenever public interest in affected.” Other commenters strongly defend the language, pointing out that the ICANN Bylaws assign primary policy development responsibility to the GNSO/ALAC and the ccNSO, with the GAC playing an advisory role. The language suggested by Spain already appears in Core Value 7. " - First comment, Spain does not object to the inclusion of "private sector led" language in neither CV 7 nor Commitment 5. - Second comment, even if CV 7 already talks about the role of governments, a mention to it should be as well be included in Commitment 5, out of respect for everybody's role in the MS model (if we take on your argument about "repetition", then there would be many repetitions in both texts and many repeated words, such as "private sector led", would have to be struck out as well). I see no reason to leave out a reference to a stakeholder (governments) role in Commitment 5. And that is why I proposed a simple language reflecting the advisory role of government to be added. On the other hand, Spain would support ALAC and others who ask for a expansion of the list of private sector stakeholders to include end users. Thank you for taking these comments into account and best regards Rafael Von: wp2-bounces(a)icann.org<mailto:wp2-bounces@icann.org> [mailto:wp2-bounces@icann.org] Im Auftrag von McAuley, David Gesendet: Samstag, 17. Oktober 2015 12:58 An: Burr, Becky <Becky.Burr(a)neustar.biz<mailto:Becky.Burr@neustar.biz>>; wp2(a)icann.org<mailto:wp2@icann.org> Betreff: Re: [WP2] draft summary comments on Principles Thanks Becky, This seems a good compilation. I inserted one comment and one small tweak. My tracj changes was acting a bit off and so I duplicated and added them in a duplicate document, attached. David McAuley From: wp2-bounces(a)icann.org<mailto:wp2-bounces@icann.org> [mailto:wp2-bounces@icann.org] On Behalf Of Burr, Becky Sent: Saturday, October 17, 2015 7:05 AM To: wp2(a)icann.org<mailto:wp2@icann.org> Subject: [WP2] draft summary comments on Principles I have attempted to summarize the comments received on the Mission Commitments and Core Values. Please review and comment. J. Beckwith Burr Deputy General Counsel & Chief Privacy Officer

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