[CCWG-ACCT] Public Comments - Enforceability - Business Entity and Location of Headquarters

[Aikman-Scalese, Anne]

Dear CCWG
I noticed that in the public comments there are a number of comments directed to the potential risk created if ICANN changes its corporate formation to other than a California Non-Profit Membership Corporation (after implementation of Accountability measures) and/or moves offices out of the United States.  The risk described is difficulty in enforcing the Community Powers.

I know the CCWG must have considered this previously and apparently did not make this a condition or fundamental bylaw, but it does strike me this situation increases the risk that Congress will not leave the proposal alone once certified by NTIA.   (One example of a company commenting on this aspect of the proposal is INTEL.)

Does the CCWG consider this issue to be “asked and answered”?   Or will it be discussed again in the context of the public comment work to be done in LA?

I understand that many are focused on addressing the “minimum necessary” to effect the IANA transition in Work Stream 1 and “keeping things simple”, but I do think there is a big difference between the “minimum necessary” for NTIA approval and the “optimum approach” for avoiding issues with Congress after NTIA certification.
Anne

[cid:image001.gif at 01D0F07C.BD36A3B0]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>









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