[CCWG-ACCT] Unintended Consequences of the CCWG proposal

Jordan Carter jordan at internetnz.net.nz
Tue Jul 7 13:32:28 UTC 2015

On 8 July 2015 at 01:18, Avri Doria <avri at acm.org> wrote:

> On 07-Jul-15 09:04, Jordan Carter wrote:
> > Your analysis above, to be sustainable, would surely have to explain
> > why all the other member or shareholder organisations in the world
> > "breach a fundamental principle of governance" - I regard such
> > proposals as fulfilling a basic principle, that being one of
> > accountability in a true sense of the Board to its stakeholders.
> I think one of the keys here is in those cases, most of those
> organization are organization formed outside of the corporation.  they
> are not parts of that organization.  I think the parallel to stockholder
> corporations is problematic at best.  For the most part, if a corpration
> ceases to exist, its stockholders continue to exist.  If ICANN were to
> cease, I expect that the ACSO would also cease to exist. Also in a
> stockholder corpration, and shareholder can just leave and buy stock in
> another organization.  I have trouble imagining how that works with a
> multistakeholder organization that needs to have an internal set of
> check and balances.

The stockholder analogy is poor if you are trying to read it in terms of
the internal balance, but that isn't what I was using it for - it was to
draw attention to the every day reality of Board members being accountable
to external appointing entities. That's the way most of the world works.

As for organisations in ICANN, I don't quite get the point but - all the
participants in ICANN are individuals or organisations. If through some
lunatic move the corporation was disestablished, the various communities
that do DNS would still come together, and there would need to be a new
vehicle created to be the legal home of DNS policy as ICANN is today.

That's why I regard the dissolution idea as a total red herring...? You'd
have to immediately re-create an organisation the same as the one you just


> avri
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Jordan Carter

Chief Executive

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
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*A better world through a better Internet *
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