[CCWG-ACCT] Question to ICANN Directors on this list

Alan Greenberg alan.greenberg at mcgill.ca
Tue Sep 1 21:10:04 UTC 2015


This is a personal message (not on behalf of the ALAC) and targeted 
at the voting directors on this list.

We have been told regularly that if the community has the power to 
remove individual directors, and particularly if those appointed by 
SO/ACs can be removed by sole action of the entity that appointed 
them, that this would impinge on the independence of directors and 
particularly, those directors threatened with the potential of 
removal would act differently, presumably to appease their 
communities or protect their right to remain an ICANN director.

If I counted correctly, there are eleven voting directors on this 
list, four appointed by AC/SOs and seven by the NomCom. I think I 
know most of you to some extent, and some I have worked closely with 
or observed for quite a number of years.

My own perspective is that if you were confronted with a situation 
where you had to pander to the community or do what you thought was 
right, it would be a moderately easy choice, and it would be to do 
what you thought was right. Would you consult and discuss? Certainly. 
Would you change your opinion in the face of a good argument, I hope 
so. But would you just give in to protect your position? For those of 
you that I know, not very likely, perhaps you would move in the 
opposite direction!

If my assessment is correct, then the question becomes do we believe 
that SO/ACs will deliberately appoint people who are malleable and 
will vote as their SO/AC desires instead of making decisions on 
behalf of ICANN as a whole. I would contend that there is nothing to 
prevent them doing so now. If there is strong evidence of a problem, 
then we should take action regardless of changes proposed. If not, 
then perhaps the problem is not as large as some presume.

Given all that, what am I misunderstanding and what is the problem 
with the power to remove directors, a power that I suspect will be 
used as often as the current board power to unilaterally remove 
directors and most liaisons without cause 
(https://www.icann.org/resources/pages/governance/bylaws-en/#VI-11).

Alan






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