[CCWG-ACCT] [Acct-Legal] community powers comparison: designator & membership model - what powers can we create and how to enforce them?

Edward Morris egmorris1 at toast.net
Tue Apr 14 20:45:49 UTC 2015

Fantastic work Robin and much appreciated!

I echo Greg's comments concerning  the role of litigation in both models. I
do like the format and I think it would be a great idea to have it reviewed
and improved upon, if necessary, by counsel, for distribution to the
general list.



On Tue, Apr 14, 2015 at 8:19 PM, List for the work of CCWG-Accountability
Legal SubTeam <ccwg-accountability5 at icann.org> wrote:

> Robin,
> Thank you for this.  A great deal of effort clearly went into this and
> this should develop into a very useful tool.  However, I think we will need
> to have this reviewed by legal counsel before we rely on it.  Having
> reviewed this briefly, I am uncertain that at this stage this document
> accurately captures the legal advice, particularly with regard to how the
> rights can be enforced.
> Specifically, this seems to give the impression that, if the membership
> model were chosen, the members would be limited to running off to court in
> most cases should rights need to be enforced.  I'm fairly confident that is
> not the case.  I believe that the remedies listed for the designator model,
> particularly changes to the bylaws and the IRP, are equally available in
> the member model.  With regard to litigation, I think the distinction is
> that the designators have no ability to litigate on behalf of the
> corporation, while this is one possibility (but far from the only one)
> available to members.  In other words, such litigation is an extra power,
> not the only power, available to members.
> The Legal Sub Team (copied here) should discuss how to proceed.
> Thank you again for taking the laboring oar in pulling this together!
> Best regards,
> Greg
> On Tue, Apr 14, 2015 at 2:35 PM, Robin Gross <robin at ipjustice.org> wrote:
>> Hello Team,
>> What we need to do is take a hard look at both the membership model and
>> the designator model and understand what rights can be created and how will
>> they be enforced.  Once we understand what we *can* do, we need to look at
>> the pros/cons of the different models and evaluate accordingly.
>> But first, we need to understand what *can* be done so we can discuss
>> *if* we ought to do it and what is the best means.
>> So I've taken a first pass of each of the 6 community empowerment goals
>> and created a comparison table to lay-out what rights can be created and
>> how they can be enforced.  I've combed through all the 200+ pages of legal
>> memos, today's CCWG call, and calls of the legal sub-team to compile this
>> info into one table so the models can begin to be evaluated side-by-side.
>> The doc is attached and also here is a link to the table comparing the 2
>> models:
>> https://docs.google.com/spreadsheets/d/1kkkRBpMUkTpD5_RP_Ogo1PTGzGt2kC6f1xooHfJXRBc/edit?usp=sharing
>> I am hopeful it can begin to help us to wrap our minds around what our
>> goals are and how they could be accomplished by the two models at play.
>> Thanks,
>> Robin
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