[CCWG-ACCT] member organization and single membership structure

Roelof Meijer Roelof.Meijer at sidn.nl
Wed Apr 22 12:26:00 UTC 2015

From: Roelof Meijer <roelof.meijer at sidn.nl<mailto:roelof.meijer at sidn.nl>>
Date: woensdag 22 april 2015 14:16
To: Mathieu Weill <mathieu.weill at afnic.fr<mailto:mathieu.weill at afnic.fr>>, "accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org>" <accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org>>, Thomas Rickert <rickert at anwaelte.de<mailto:rickert at anwaelte.de>>, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>>
Subject: member organization and single membership structure

Dear co-chairs, all,

Two points:

I stopped my participation in  yesterday night’s (my time) CCWG call somewhere halfway agenda item “5. Legal advice”. Mainly because I think we’re wasting so much precious time with the discussion on and comparison of two models, of which one should have been written off sometime back.
My earlier emails copied below should provide more information on my rationale, but should also serve as formal input into the process.

What I find quite frustrating is that I have raised the point of the possibility (or not) of a single membership structure – an option mentioned by Sidley and Adler & Colving in their legal advice – several times by now without getting any substantial reaction. I am not aware that any serious effort to investigate this has led to a formal write-off.
So, co-chairs: what is happening here or what have I missed?



On Fri, Apr 17, 2015 at 11:10 AM, Roelof Meijer <Roelof.Meijer at sidn.nl<mailto:Roelof.Meijer at sidn.nl>> wrote:
Dear Jordan, all,

I couldn’t attend the call, so I probably missed something.
But how did we end up with the two law firms we hire stating: „On balance, “member” organization provides the clearest path for the ICANN community to exercise the mechanisms and powers under consideration. „ and  our rapporteur concluding: "Following the CCWG meeting on 10 April, the rapporteur had assumed there would be clarity regarding the proposed mechanism. This has not occurred„



On Sun, Apr 19, 2015 at 12:25 PM, Roelof Meijer <Roelof.Meijer at sidn.nl<mailto:Roelof.Meijer at sidn.nl>> wrote:
Greg, Jordan,

What I fail to understand is that -because we do not have the expertise „in house”- we hire two firms that are experts in this field, they give us their shared opinion and we do not follow that.
It seems to me that this is one of those things that makes this whole process sometimes so slow and incredibly time consuming.

Do not misunderstand me, I respect the legal experts we have in the CCWG. But we pay (ICANN pays, so the internet community pays) dearly for this advice, they are both renown firms that we took quite some time to select. Why not accept the outcome and move forward, spending our precious time on all the work that still has to be done?



On Mon, Apr 20, 2015 at 11:04 AM, Roelof Meijer <Roelof.Meijer at sidn.nl<mailto:Roelof.Meijer at sidn.nl>> wrote:

Thanks for that. Still, if I look at the difference in "amount of boxes ticked" in the part „summary of desired powers” of the slide deck of 14 April prepared by counsel, I see no point in continuing to evaluate counsel’s advice re designators.

Maybe you can help me out on another point though. In their memorandum/legal assessment of April 10, Sidley and Adler & Colvin mentioned the possibility of a „sole membership” structure. Meaning –as far as I understood it- that not every AC and every SO would become a member (and thus would have to become a legal entity), but the group of representatives of the SO’s and AC’s would form a single legal entity and would become ICANN’s sole member.
I have sent several emails to this list suggesting we follow this up as one of the serious possibilities, without –as far as I am aware- any effect.
Do you have any idea what happened to this particular part of counsel’s advice?



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