[CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call
León Felipe Sánchez Ambía
leonfelipe at sanchez.mx
Thu Apr 30 06:41:38 UTC 2015
Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter?
> El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org> escribió:
> Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition?
> Sent from Dr Lisse's iPad mini
> On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org <mailto:ccwg-accountability5 at icann.org>> wrote:
>> Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers.
>> Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set?
>> Best regards,
>>> El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner at icann.org <mailto:Samantha.Eisner at icann.org>> escribió:
>>> 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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