[CCWG-ACCT] PTI Separation Hypothetical

Aikman-Scalese, Anne AAikman at lrrlaw.com
Tue Oct 20 14:58:05 UTC 2015


P.s.

Feel free to assume that in accordance with the Human Rights then applicable via the new ICANN organizational docs, privacy law in the relevant jurisdiction figures heavily in the decision- making on PTI separation.


Sent from my Verizon 4G LTE Tablet


------ Original message------

From: Aikman-Scalese, Anne

Date: Tue, Oct 20, 2015 10:46 AM

To: Kavouss Arasteh;Christopher Wilkinson;

Cc: accountability-cross-community at icann.org;

Subject:Re: [CCWG-ACCT] PTI Separation Hypothetical


Kavouss,.  This is not an exercise in evaluating who can block.    It is an exercise in examining the operation of Board discretion under the Sole Designator Model versus giving the Community the final decision if there is a Sole Member.  I think we should assume for this purpose that the Board has properly exercised its fiduciary duty and in fact that exercise is supported by GAC advice.


You could also switch the policy advice.  GNSO and Numbers might say don't separate  and stay in U.S. and GAC may advise to separate and move to Europe and operate as Societe Anonyme.


Then Board votes by over 2/3 to move to Europe.  Again, the Board's  exercise of its fiduciary duty may be perfectly reasonable.  Does the Single Designator remove the Board?  Extremely unlikely in my opinion.


I am not advocating for either model right now and in fact have to fly to the Middle East tomorrow so will miss the session. I wish you all great progress.


Congrats on all the giant steps forward this week.  Anne


Sent from my Verizon 4G LTE Tablet.


------ Original message------

From: Kavouss Arasteh

Date: Tue, Oct 20, 2015 7:21 AM

To: Christopher Wilkinson;

Cc: Aikman-Scalese, Anne;accountability-cross-community at icann.org;

Subject:Re: [CCWG-ACCT] PTI Separation Hypothetical


Anne,
No single advice against or single objection against shall not veto the separation or any decision taken by consensus for those other participation in the process.
I mentioned that yesterday and Mathieu confirmed that .


2015-10-20 10:39 GMT+02:00 Christopher Wilkinson <lists at christopherwilkinson.eu<mailto:lists at christopherwilkinson.eu>>:
All Member options will be appraised against the bench mark as to which will most securely guarantee to prevent separation.

CW


On 20 Oct 2015, at 09:21, "Aikman-Scalese, Anne" <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>> wrote:


Using the PTI separation process, policy recommendation from GNSO and Numbers  is to separate PTI and place in an SA in Paris.  GAC consensus advice to the Board is against separation.  Over 2/3 of Board agrees with the GAC and takes GAC advice.  What happens under each of the two models and on the Staircase?  How do the specifics of the PTI process interact with the Staircase?

Anne
Sent from my Verizon 4G LTE Tablet

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This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
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