[CCWG-ACCT] Personal thoughts on membership

Adebunmi AKINBO akinbo.adebunmi at gmail.com
Sat Oct 3 10:25:02 UTC 2015


Bruce,
I agree with your presentation.

However, you have exposed the flaw in ICANN Structure, rather than
addressing it.
Membership would address the flaw.

Thus, would it not be better to create the new ICANN addressing flaws?

Regards.

On Sat, Oct 3, 2015 at 11:17 AM, Nigel Roberts <nigel at channelisles.net>
wrote:

> I'm not sure I agree with this exactly as phrased by Bruce.
>
> ICANN's Directors owe a fiduciary duty to the corporation. This is
> undeniable.
>
> ICANN (the corporation) is established to lessen the burden of government
> and promote the global public interest in the operational stability of the
> Internet (Art 3).
>
> ICANN operates for the benefit of the Internet Community as a whole (Art
> 4).
>
> Whilst ICANN certainly owes a duty or obligation of some form "to the
> Internet community as a whole" (as per Art 4, above), I am not convinced
> that it is that of a fiduciary, or even the lesser standard of the tort
> duty of care: see as a starting point:
> https://en.wikipedia.org/wiki/Fiduciary
>
> Please convince me.
>
>
>
>
>     ICANN owes a fiduciary duty to the Internet community as a whole.
>>
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