[CCWG-ACCT] Further thoughts on the "empowered SO/AC model" discussion on Friday

[Jordan Carter]

Thanks too to Becky for pulling this together, and I agree with Robin that
the straight comparison involved here would be v helpful.

I just have a point about one sentence of Robin's email:

"I know there is greater power for those who choose to be members under the
Hybrid Model with respect to budget and strat plan, but let's play out how
far we *can* get with the Empowered Designator Model?   "

I think we need to clearly separate what the powers we propose are, from
the degree to which they can be made to stick if anyone decides not to do
what the community asks.

The powers we propose (budget, bylaws controls; removal of directors or
Board) are the *same* under the three models.

Under the *bylaws only* or *voluntary* model, none of the powers are
enforceable in law.

Under the *empowered designators* model, all of the powers except budget /
strat plan are enforceable in law.

Under the *SO/AC empowered *model, an SO or AC that opted to make the
declaration could enforce any or all of the powers in law.


Whoever can or cannot enforce the bylaws as they relate to these powers, it
makes no difference as to how the powers themselves work. That is, if there
was a mix of statuses for different SOs and ACs, it would not change the
balance of influence we end up proposing for the actual operation of the
powers.

This is an important point for us all to be super clear about as part of
our working discussions - including the absolute possibility that my
interpretation above isn't right (after all, I am not a lawyer...).


cheers
Jordan



On 21 June 2015 at 12:16, Robin Gross <robin at ipjustice.org> wrote:

> It would be useful to play both scenarios out a bit - how would we do this
> under the Empowered Designator model and also the Hybrid Model?
>
> How would we craft an optimal system under both models?  What would they
> look like?  How far can we get?  I know there is greater power for those
> who choose to be members under the Hybrid Model with respect to budget and
> strat plan, but let's play out how far we *can* get with the Empowered
> Designator Model?
>
> If we do this exercise in an objective and non-prejudicial manner, it
> would be extremely helpful to assist our group tease out the consequences,
> possibilities, and limitations of each scenario.
>
> Thanks,
> Robin
>
> On Jun 21, 2015, at 7:27 AM, Burr, Becky wrote:
>
>   Dear All -
>
>  [...]
>
>
>
>  A final, important note.  It appears that the same kind of mechanism
> could be used in the designator model context (again, with the limitations
> with respect to the budget and strat plan).  So to the extent that the
> designator model is still in play, most of the concepts we’ve laid out are
> applicable.
>
>  Best,
>
>  Becky
>
>  J. Beckwith Burr
> *Neustar, Inc. /* Deputy General Counsel and Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington, DC 20006
> Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
> becky.burr at neustar.biz / www.neustar.biz
>   <Empowered SO AC PP 21 June 2015.pptx>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>


-- 
Jordan Carter

Chief Executive
*InternetNZ*

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
Skype: jordancarter

*A better world through a better Internet *
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150621/6b6cd8be/attachment.html>