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The Amendment Process Is Subject To Amendment

  • To: comments-base-agreement-05feb13@xxxxxxxxx
  • Subject: The Amendment Process Is Subject To Amendment
  • From: "John Berryhill, Ph.d., Esq." <john@xxxxxxxxxxxxxxxxx>
  • Date: Thu, 28 Feb 2013 12:44:49 -0500

While Verisign and others have characterized Section 7.6 as providing ICANN with a unilateral power of amendment, it is additionally worth noting that the definition of Restricted Amendments does not include amendments to Section 7.6 itself.

Hence, anyone concerned that the proposed agreement would essentially provide ICANN with a unilateral power of amendment subject to a supermajority Board vote, should also take into consideration that there need only ever be a single such vote to amend the amendment power itself to any future criteria on which 2/3 of the Board agree.

In other words, if you don't like giving 2/3 of the Board the power to unilaterally amend the contract, you'll like it even less after 2/3 of the Board votes to make it a simple majority thenceforth.

John Berryhill, Ph.d. Esq.
204 East Chester Pike
First Floor, Suite 4
Ridley Park, PA 19078
+1.267.386.8115 fax

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