[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT WP1 Meeting #4 11 March

[Bruce Tonkin]

Hello All,

>>    Bylaws are silent on ICANN remaining an not for profit while the AoC commits and operating as multi-stakeholder organization for the benefit of the public..

Note that while the bylaws are silent on that topic, the Articles of Incorporation do speak to these points.

From: http://en.wikipedia.org/wiki/Articles_of_Incorporation

"The "Articles of Incorporation" (sometimes also referred to as the Certificate of Incorporation or the Corporate Charter) are the primary rules governing the management of a corporation in the United States and Canada, and are filed with a state or other regulatory agency."

Also this article gives a simple description of the different purposes of the Articles of Incorporation and the Bylaws:

http://www.legalflip.com/Article.aspx?id=56&pageid=295

The Articles of Incorporation set the framework for the organization and the bylaws set out how the organization runs on a day-to-day basis.   So I thin it is important to get the language of ICANN's purpose, multi-stakeholder nature, and public benefit clear in the Articles of Incorporation.



The ICANN Articles of Incorporation at: https://www.icann.org/resources/pages/articles-2012-02-25-en?routing_type=path  state:

- This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. 

-  It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes.

- the Internet is an international network of networks, owned by no single nation, individual or organization

- pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet

- The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and applicable international conventions and local law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets. To this effect, the Corporation shall cooperate as appropriate with relevant international organizations.


I think the last point above in particular could be amended to include the multi-stakeholder language that is common today, and to reinforce that it is to the benefit of the public.

Regards,
Bruce Tonkin