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We give our full support for the Consensus Policies and Temporary Policies Specification. In the matter of the so-called ‘right to unilaterally amend the RAA’, we believe the updated construct per Clause 6.5 incorporates additional safeguards and attracts our endorsement. Nevertheless, some have argued the intent in this clause undermines the consensus policy making that has produced this RAA. We disagree and take a different and more benign view of the role reserved for ICANN as the public benefit corporation. Indeed, there might be exceptional circumstances in which ICANN would have to take unilateral action - part of being prepared for unknown unknowns.

For the first time at last, the topics and areas pertinent to the RAA that are within the purview of consensus policy making are finally unambiguously defined. The contract is intended, among other things, to protect and defend the global public interest. The language of Clause 1.4.4 acknowledges said Consensus Policies, or the procedures derived from them, shall not “Modify ICANN’s obligations to not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably”. The converse is equally true: the language also embraces the notion that there are matters outside of the consensus policy domain for which the Board has a duty of care and is empowered to act in protecting the global public interest. The ALAC fully supports this approach.

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