[CCWG-ACCT] DOCUMENT - Recommendation 1 Inspection Rights (first reading)
Alan Greenberg
alan.greenberg at mcgill.ca
Thu Jan 7 05:11:07 UTC 2016
I tend to take an in-between position. I support
a simpler process, but one AC/SO is simply not sufficient.
In the Single Member model, it would have
required the Member to act which presumably would
have been at least a majority of the
AC/SOs. Regardless of how that would have
worked, I note that in the legal analysis, we
find the caveat "Authority under Section 6333 is
sparse, but it is nonetheless clear that a
purpose reasonably related to [a] persons
interests as a member does not include a
members commercial or political interests...."
To allow a single SO to take this action does
exactly that. Both the ccNSO and a near-majority
of the GNSO have clear business interests at
stake and allowing them to solely demand access
is no longer a "community" action.
Alan
At 06/01/2016 11:47 AM, Jordan Carter wrote:
>Hi all
>
>Just a quick note to say I much prefer the
>lawyers' proposed approach on inspection rights,
>and do not support the Board's proposal.
>
>As a matter of principle, the use of these
>rights is most likely to help inform a decision
>about using the other community powers. Using
>the same process as that which applies to those
>community powers is overkill: this *should* be a simpler process.
>
>As a matter of practical effect, the requirement
>that an SO or AC agree the request will by
>itself prevent vexatious or over-frequent use.
>There is no chance of, say, the ccNSO Council,
>randomly & inappropriately deciding to exercise such a right.
>
>So since the practical fears the Board noted
>aren't really valid, and since there is wide
>agreement as far as I can tell about the
>importance of these rights, in my opinion we
>should go with what our lawyers have suggested
>here, and be clear with the language in the next
>version of our document. That's the most
>workable and straight forward approach IMO.
>
>
>best
>Jordan
>
>
>On 6 January 2016 at 15:53, Alice Jansen
><<mailto:alice.jansen at icann.org>alice.jansen at icann.org> wrote:
>Sent on behalf of CCWG-ACCT Co-Chairs
>In preparation for your Recommendation 1
>Inspection Rightts (first reading) discussion
>scheduled for your call #75 - Thursday, 7
>January 2016 (19:00 22:00 UTC) - please find
>attached the maaterial to review.
>Please use this email thread to circulate any
>comments you may have in advance of the call.
>Thank you
>
>Mathieu, Thomas, León
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>
>--
>Jordan Carter
>
>Chief Executive
>InternetNZ
>
>+64-4-495-2118 (office) | +64-21-442-649 (mob)
>Email: <mailto:jordan at internetnz.net.nz>jordan at internetnz.net.nz
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>Web: <http://www.internetnz.nz>www.internetnz.nz
>
>A better world through a better Internet
>
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