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[pdp-pcceg-feb06] Regarding validity

  • To: "PDPfeb06" <pdp-pcceg-feb06@xxxxxxxxxxxxxx>
  • Subject: [pdp-pcceg-feb06] Regarding validity
  • From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Thu, 8 Mar 2007 11:07:24 +1100

Hello Jeff,

> For the record, as previously stated, a question of the 
> validity of the
> PDP and the Terms of Reference is governed by existing 
> contract and the
> current ICANN bylaws and not the opinion of the rest of the 
> Task Force.

I agree that it is not for the task force to resolve whether the bylaws
were followed, or whether any resulting policy could be implemented
using existing contracts.

The creation of the PDP was a decision taken by supermajority vote of
the GNSO Council, under Annex A, section 3(c) of the bylaws.   The use
of a task force and their terms of reference of the task force is a
decision of the Council taken in accordance with Annex A, section 4 of
the bylaws.

The outcomes of the task force would need to be considered by the
Council, before voting to approve any recommendations for the ICANN

The ICANN Board would then need to vote to approve any recommendations
as policy, taking into account public comment, and any legal advice it
may receive, along with advice from GAC, ALAC, SSAC, etc.

Then the terms of existing contracts would affect whether any new ICANN
policies were implementable.   The contracts have various terms to
resolve disputes, and ultimately a legal court could be used to resolve
any disputes.

Bruce Tonkin

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