[CCWG-Accountability] Op-Ed from ITIF regarding permanent cross-community group as ultimate authority

Thu Dec 18 05:09:47 UTC 2014

I must have missed those stated plans...  Alan

At 17/12/2014 11:07 PM, Carrie Devorah wrote:
>Why are you worried about planning for 
>California laws when the stated plans are if and 
>when Congress lets IANA go the plan is, not to 
>keep ICANN/IANA in America but to move IANA to 
>Switzerland where it will be under legal oversight for DRS of WIPO?
>Sincerely
>Carrie Devorah
>
>On Wed, Dec 17, 2014 at 10:41 PM, LeÃ³n Felipe 
>SÃ¡nchez AmbÃa <<mailto:leonfelipe at sanchez.mx>leonfelipe at sanchez.mx> wrote:
>Dear Kavouss,
>
>I like the idea of examining other options. 
>Which options should we be looking at?
>
>Best regards,
>
>LeÃ³n
>>El 17/12/2014, a las 14:21, Kavouss Arasteh 
>><<mailto:kavouss.arasteh at gmail.com>kavouss.arasteh at gmail.com> escribiÃ³:
>>
>>
>>Dear All,
>>The entity may be one option. However, it is not what we were thinking of
>>First of all, no mentioned was made of GAC
>>Second the composition of the group is not mentioned
>>Third the footing is not mentioned
>>Fourth the legal Framework is not mentioned and
>>More importantly, it seems to me that every 
>>possible effort is made to maintain the current 
>>structure as we are talking of SO and AC 
>>.However, this is not the realistic composition.
>>We need to look at other option in which the process is more democratic.
>>All these SO and AC are not fully democratic as 
>>the stakeholder does not have direct role on that
>>Please kindly do not limit us to merely existing practice and model
>>There are variety of possibilities
>>I know most of you are for statuesque
>>But I and many others wants to see and examine other options
>>
>>Kavouss
>>
>>
>>2014-12-17 17:45 GMT+01:00 "Carlos RaÃºl G." 
>><<mailto:crg at isoc-cr.org>crg at isoc-cr.org>:
>>Dear Steve
>>
>>Are you suggesting we include changes in the 
>>bylaws within the scope of the working groups? I would have a few suggestions!
>>
>>Cheers
>>
>>Carlos RaÃºl GutiÃ©rrez
>><tel:%2B506%208335%202487>+506 8335 2487
>>Enviado desde mi iPhone
>>
>>El dic 17, 2014, a las 10:20 AM, Steve 
>>DelBianco 
>><<mailto:sdelbianco at netchoice.org>sdelbianco at netchoice.org> escribiÃ³:
>>
>>>This pertains to our discussion yesterday 
>>>about a permanent, cross-community 
>>>â€˜Membershipâ€™ group to hold ICANN board and 
>>>management accountable to the community.  It 
>>>was described this way in 
>>><https://community.icann.org/download/attachments/51414327/WorkArea2%20Accountability%20suggestions%20%5Bdraft%203%5D.pdf?version=1&modificationDate=1418610739000&api=v2>draft3 
>>>for work area 2:
>>>
>>>Amend ICANN bylaws to recognize a permanent 
>>>cross-community representative structure (all 
>>>ACs, SOs, Constituencies) with authority to:
>>>
>>>Appoint members of Affirmation review teams
>>>Review a board decision, or resolve a dispute 
>>>(option to use independent panel)
>>>Approve changes to ICANN bylaws or Articles, with 2/3 approval
>>>Approve annual proposed ICANN budget
>>>Recall one or all ICANN Board members
>>>
>>>
>>>One of the groups 
>>><http://www.innovationfiles.org/key-principles-for-the-icann-transition/>proposing 
>>>a community of stakeholders as ultimate 
>>>authority posted a relevant 
>>><http://thehill.com/blogs/pundits-blog/technology/227375-icann-transition-plan-needs-new-ideas-to-ensure-accountability>Op-Ed 
>>>in a Washington paper today.  Daniel Castro of 
>>>the Information Technology & Innovation Foundation (ITIF) wrote:
>>>
>>>California state law applies since ICANN is a 
>>>registered nonprofit corporation in the state. 
>>>As such, California law allows nonprofit 
>>>organizations to have statutory members. 
>>>Gunnarson suggests that one way to provide an 
>>>effective check on the ICANN board's power is 
>>>to create statutory members of ICANN with 
>>>extensive authority over the board. This 
>>>authority could include removing board 
>>>members, overturning board decisions, etc. The 
>>>statutory members would likely include the 
>>>chairs of the various ICANN "supporting 
>>>organizations" and "advisory committees," such 
>>>as the Address Supporting Organization (ASO) 
>>>responsible for IP address policy and the 
>>>Country Code Name Supporting Organization 
>>>(ccNSO) responsible for managing the country 
>>>code top-level domains. To ensure that the 
>>>statutory members do not hold too much sway, 
>>>their actions could be limited to situations 
>>>where there is a supermajority (i.e., consensus).
>>>
>>>
>>>We welcome further elaboration of legal basis 
>>>to enable this modification to ICANNâ€™s 
>>>bylaws in conformance with California law.
>>>
>>>
>>>
>>>Steve DelBianco
>>>
>>>Executive Director
>>>
>>>NetChoice
>>>
>>><http://www.netchoice.org/>http://www.NetChoice.org 
>>>and <http://blog.netchoice.org/>http://blog.netchoice.org
>>>
>>><tel:%2B1.202.420.7482>+1.202.420.7482
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>
>--
>Sincerely
>CARRIE Devorah
>562 688 2883
>
>
>
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