As a follow up to Milton's question re: the "freedom of contract" issue, I
share the below exchange from the CCWG list with you all ...

P

Paul Rosenzweig
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-----Original Message-----
From: Malcolm Hutty [mailto:[log in to unmask]] 
Sent: Wednesday, August 26, 2015 12:07 PM
To: Accountability Cross Community
<[log in to unmask]>
Subject: Re: [CCWG-ACCT] Proposed Mission & Core Values: Could they
interfere with ICANN enforcement of contracts?



On 26/08/2015 16:47, Steve DelBianco wrote:
> On our Tuesday CCWG call, I raised questions from the BC and IPC about 
> whether the new Mission & Core Values could be interpreted to prevent 
> ICANN from enforcing certain aspects of registrar and registry contracts.

The question of registry and registrar contracts is an entirely "second
order" question.

If the policy is within ICANN's Mission, then enforcing it through registrar
and registry contracts is also within ICANN's Mission.

Should ICANN adopt a policy outside its Mission, then enforcement of it
through contracts would also be ultra vires.

So as long as you're not worried about the policy itself, you don't have any
reason to worry about the contract compliance side of things.

Malcolm
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