[CCWG-ACCT] Accountability questions to law firms

Pedro Ivo Ferraz da Silva pedro.ivo at itamaraty.gov.br
Tue Apr 7 14:41:31 UTC 2015

Dear CCWG-colleagues,

Please find below a group of questions to be posed to the law firms assisting the CCWG-Accountability.

·         Are there any restrictions in California law  or in applicable federal US-law with respect to government officials (US or foreign) becoming statutory members (or designators) of a non-profit organization? Would all liabilities applied to US or foreign citizens in a membership (or designator) structure  equally apply to a government official which has legal immunity and privileges in the United States?

·         What are the specific legal requirements for a third-party which may have approval or veto rights over board decisions and what are its liabilities?

·         A community veto  (be it exercised in a membership or a designator structure) over a bylaw change could be potentially reverted through a court decision in California? Same question applies to a decision made by an Independent Appeals Panel mechanism.

·         The fact that the "board bears ultimate responsibility for corporate decisions and must provide oversight of the exercise of those powers it has delegated" (Sidley Austin LLP, Initial Discussion Draft 1, p. 3) implies that the board may eventually revert a community veto (member or designator structure) over its own decision or over the budget it has originally approved?

·         Is the Californian Attorney General able to intervene in ICANN's operations upon the complaint of a government (US or other)? How does this situation relate to norms of international private law internalized by the United States?

Thanks in advance,

Secretário Pedro Ivo Ferraz da Silva
Divisão da Sociedade da Informação (DI)
Ministério das Relações Exteriores - Brasil
T: + 55 61 2030-6609

Secretary Pedro Ivo Ferraz da Silva
Division of Information Society (DI)
Ministry of External Relations - Brazil
T: + 55 61 2030-6609

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