[CCWG-ACCT] Question raised on this morning's Legal SubTeam Call

Samantha Eisner Samantha.Eisner at icann.org
Wed Apr 29 23:25:12 UTC 2015

In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:

Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain?  If so, what are those statutory rights and to what extent can they modified?   For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member's statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action?  Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?

As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.


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