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

[Bruce Tonkin]

Hello Phil,

>>  --of course I would never advocate that ICANN the corporation or its Board breach the law. But the ultimate arbiter of what is lawful, both as to relevant statutes as well as compliance with its AOI and Bylaws, is the judiciary. We cannot put ultimate trust in the judgment of private counsel for ICANN, or for those bringing a complaint. 

OK - well how do you see that be resolved. 

I suppose a panel could make a recommendation that the Board thought would breach a law.   Would the Board then put a case back to the panel to review (assuming they had relevant legal expertise in the law involved?)  or would that go through some sort of separate appeal mechanisms to the decision of the panel?



>>  After all, it was not that long ago that ICANN legal circulated a memo during an ICANN meeting asserting that binding accountability for the community was not achievable under CA law.

Which is odd in that we have binding arbitration in our registry agreements.

Normally I would expect that a panel would first identify whether a bylaw had been breached, and then work with the parties to find a mutually acceptable resolution that is in keeping with the bylaws.



Regards,
Bruce Tonkin