[CCWG-ACCT] Update on Board discussions on the CCWG Update

Phil Corwin psc at vlaw-dc.com
Tue Nov 24 06:05:27 UTC 2015


+1 on inspection rights.

Without adequate transparency there can be no meaningful accountability.

Philip S. Corwin, Founding Principal
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-----Original Message-----
From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Mueller, Milton L
Sent: Tuesday, November 24, 2015 12:08 AM
To: Bruce Tonkin; Accountability Cross Community
Subject: Re: [CCWG-ACCT] Update on Board discussions on the CCWG Update

Bruce:
Happy to see that the board comment that "Care should be taken not to introduce language into the Bylaws that reduces that clarity [about what constitutes GAC 'advice'] and returns the Board to a position of having to negotiate among various positions in its consultation processes." 

> 
> .	Inspection Rights and Transparency (page 12)
> 
> The Board remains concerned about the insertion of inspection rights 
> premised on the fact that they would have been available under a 
> member structure.  The Board has already agreed that the issues of 
> transparency,

I am surprised by the resistance we are seeing to what I thought was a fairly clear bargain: in exchange for yielding on membership, which included inspection rights, the CCWG expected stronger transparency and inspection rights in the Sole Designator model. As has been noted many times in our deliberations, SD relies heavily, if not near-exclusively, on the threat of board member removal, and it would be impossible to have the information needed to utilize that enforcement power without enhanced transparency and inspection rights. Those enhancements are not going to come from vague promises to "review" the DIDP in WS2 or from additional information about the finances.  I would caution the board not to attempt to evade this point by calling for additional specifications of " what sort of information is expected to be requested, for what purpose and by whom," as those things be specified in advance.   

> .	Removal of the Board (individual/entire) (pages 21-23)
> 
> The Board believes that the rationale for the removal of the entire 
> board or an individual Board member must be clearly set out, for 
> example, through reference to a cause for removal that could be set out in a pre-service letter.

This approach was considered and rejected by the CCWG.

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