[NA-Discuss] A few comments from the staff re: current text of the MoU

[Nick Ashton-Hart]

I thought I'd offer a few comments as I get the feeling that the text  
is basically the subject of general agreement at this point, and the  
earlier it can be sent to ICANN legal the earlier they can get back  
to you...

Be advised that just because I believe legal will be OK with  
something doesn't mean they absolutely will. But I won't suggest that  
they will below unless I really have very high faith in what I'm  
suggesting - FWIW

4.7 - in brackets:

I think this would be agreed to IF something like the phrase:

'subject to budgeting constraints and organisational priorities as  
developed in concert with all ICANN stakeholders'

I think the bracketed final 4.8 will probably be OK if you were to  
insert something like 'to the same extent that the board communicates  
on the same issues and concerns to other ICANN stakeholders' at the  
end of the phrase. This gives you equivalence with everyone else; I  
doubt they would wish to formally give one group of stakeholders  
better treatment than they give to all the others.

6.5 placeholder: I doubt this would be accepted, as it could perhaps  
be viewed as making the entire agreement enforceable by every member  
of the public. I won't repeat the previous comments on this subject  
as they are pretty well-known I expect.

-- 
Regards,

Nick Ashton-Hart
Director, At-Large
ICANN
PO Box 32160
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