[Area 4] Business Constituency Stress Test #4

Eric Brunner-Williams ebw at abenaki.wabanaki.net
Sun Jan 11 02:48:43 UTC 2015


Steve,

Members of the Business Constituency are aware that standard 
incorporation language (in California, Delaware, New York, ...) contains 
phrasing of the form "any lawful purpose".

Members of the Business Constituency are also aware that the Corporation 
Board " at its March 2010 meeting in Nairobi, Kenya, passed resolutions 
recognizing the importance of an inclusive New gTLD Program, and 
requesting stakeholders to form a Working Group to develop sustainable 
support needy applicants for new gTLDs."

Yet the language of the 4th Business Constituency "Stress Tests" [1] 
posits the Corporation's use of "registration fees to fund grants to 
developing nations or other worthy causes" and further declares this 
hypothetical use by the Corporation of its funds as an "expands[ion of] 
scope beyond its limited technical mission".

In your revised language this restriction is expanded from the 
Corporation's recurring revenues to include its recurring revenues and 
its reserves.

Without commenting on the rational contained in both the original and 
your revised language, I must ask, how can an accountability issue arise 
from something that (a) falls within "any lawful purpose" and (b) has 
been institutionalized by the Corporation as a consequence of the 
Board's 2010 resolution?

Thanks in advance for your clarification.

Eric Brunner-Williams
Eugene, Oregon

[1] http://bizconst.org/stresstests
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