[CCWG-ACCT] An mplication of accountability models being discussed

Malcolm Hutty malcolm at linx.net
Mon Jul 13 10:02:00 UTC 2015


I've been reading the .AFRICA decision. I think that the outcome isn't
the only notable thing about it: the assertions ICANN made (many of
which the IRP rejected) during this process are also notable.

For example,

* the claim that the IRP is advisory only.
* That the IRP has no right to recommend a response to an IRP finding
against ICANN, only to delcare bylaws-incompatibility and leave it
entirely up to the Board to imagine what to do next;
* That it was up to ICANN, rather than the IRP, to decide that DCA's
case was "very weak" and so that an interim pause pending the outcome of
the IRP was not warranted.
* That the IRP cannot test the Bylaws-compatibility of staff actions
(only Board actions).
* That neither SOs nor ACs (or at least, not GAC) are expected to abide
by the Core Values.

I'm finding this very interesting reading as input to our deliberations.


On 12/07/2015 19:42, Avri Doria wrote:
> On 12-Jul-15 13:58, Nigel Roberts wrote:
>> ICANN *is* somewhat better now than it was, although the .AFRICA
>> review decision would seem not to assist in the task of convincing
>> skeptics of this. 
> Actually it remains to be seen.
> A redress mechanism was used and came back with a response.
> Can the Board just remedy the error, accept the ruling put the
> application back on track and let the process play out?
> If they can take the ruling an do the right thing, it will be an
> important indicator.
> The ruling also shows that the GAC does not have the absolute power some
> of us sometimes claim.  That is a good thing we have to be careful to
> protect.  It shows that even if they manage to scare the Board into
> non-bylaw sanctioned action, there is redress.  How cool is that?
> avri
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