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

[Seun Ojedeji]

This will be much more interesting to know if the source can be referenced.

Cheers!

sent from Google nexus 4
kindly excuse brevity and typos.
On 18 Dec 2014 05:07, "Carrie Devorah" <carriedev at gmail.com> 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, León Felipe Sánchez Ambía <
> leonfelipe at sanchez.mx> wrote:
>>
>> Dear Kavouss,
>>
>> I like the idea of examining other options. Which options should we be
>> looking at?
>>
>> Best regards,
>>
>> León
>>
>> El 17/12/2014, a las 14:21, Kavouss Arasteh <kavouss.arasteh at gmail.com>
>> escribió:
>>
>>
>> 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 Raúl G." <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 Raúl Gutiérrez
>>> +506 8335 2487
>>> Enviado desde mi iPhone
>>>
>>> El dic 17, 2014, a las 10:20 AM, Steve DelBianco <
>>> sdelbianco at netchoice.org> escribió:
>>>
>>> This pertains to our discussion yesterday about a permanent,
>>> cross-community ‘Membership’ group to hold ICANN board and management
>>> accountable to the community.  It was described this way in draft3
>>> <https://community.icann.org/download/attachments/51414327/WorkArea2%20Accountability%20suggestions%20%5Bdraft%203%5D.pdf?version=1&modificationDate=1418610739000&api=v2>
>>> 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 proposing
>>> <http://www.innovationfiles.org/key-principles-for-the-icann-transition/> a
>>> community of stakeholders as ultimate authority posted a relevant Op-Ed
>>> <http://thehill.com/blogs/pundits-blog/technology/227375-icann-transition-plan-needs-new-ideas-to-ensure-accountability>
>>> 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 ICANN’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
>>>
>>> +1.202.420.7482
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>>>
>>>
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>>
>
> --
> Sincerely
> CARRIE Devorah
>  562 688 2883
>
>
>
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