[CCWG-ACCT] Your public comment re replacement of IANA provider

Phil Corwin psc at vlaw-dc.com
Fri Sep 18 16:49:15 UTC 2015


Can we please confine questions at this time to understanding? Proposing starts to look like negotiating.

Sent from my BlackBerry 10 smartphone.

Philip S. Corwin, Founding Principal
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"Luck is the residue of design" -- Branch Rickey
  Original Message
From: Alan Greenberg
Sent: Friday, September 18, 2015 11:52 AM
To: Bruce Tonkin; accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Your public comment re replacement of IANA provider


Thanks Bruce.  Are you proposing that ICANN cover any IRP costs if it
is used by AC/SOs?

Alan

At 18/09/2015 05:20 AM, Bruce Tonkin wrote:
>Hello Alan,
>
>
> >>  The CCWG Draft Proposal provides the IRP to allow the community
> to ensure that ICANN is following its Bylaws.
>
>Yes the ICANN Board also agrees that the IRP still applies to all
>bylaws.   It can be used by individuals, companies or groups to bring actions.
>
>
> >>  In the body of the Board comments, it says that the Board is
> proposing the MEM to allow the community ensure that ICANN is
> complying with its Articles of Incorporation and Bylaws. However,
> in the "Memo on Proposed Approach for Community Enforceability", it
> says that arbitration may be used only for violation of Fundamental Bylaws.
>
>The MEM is fully funded and is brought by SOs and ACs, if there is a
>breach of fundamental bylaws,   In the case of the MEM - in addition
>to funding the cost of the standing panel, the ICANN also will pay
>the legal advice fees for the MEM issue group.   Much like ICANN is
>paying for the attorney fees for the CCWG today.
>
>The independent review process (IRP) is itself a fundamental
>bylaw.   So the two become linked in that if the IRP is used to
>decide whether the Board has followed the bylaws, and the board does
>not follow the binding decision of the IRP panel (to the extent
>permitted by law) - then this would be a breach of the fundamental
>bylaw, and the MEM could be applied.
>
>Regards,
>Bruce Tonkin
>
>
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