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<div class="moz-cite-prefix">Steve,<br>
<br>
<span id="OLK_SRC_BODY_SECTION">I was not advising how to
re-phrase, but asking "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?</span>"<br>
<br>
Perhaps you could enlighten me what "community" believes that the
Joint Applicant Support Working Group, to which members of the
several GNSO Constituencies (or Stakeholder Groups) and members of
at least three ACs, as well as some Corporation Board members
participated, and any consequent effort arising from the JAS WG's
work product, is outside the Corporation's scope? <br>
<br>
I'm willing to assume that the <span id="OLK_SRC_BODY_SECTION">members
of the Business Constituency</span> hold this belief, having
contributed to the drafting of the JAS draft and final reports and
recommendations, and having carefully read then the<span
id="OLK_SRC_BODY_SECTION"> public </span>comments, I simply
have no idea how one Constituency and a few outlier comments
becomes "the community".<br>
<br>
Turning to your second example, are the <span
id="OLK_SRC_BODY_SECTION">members of the Business Constituency</span>
advocating limiting the powers of the Corporation Board to only
those actions, and their associated costs, which have been
previously reviewed as part of the annual budget preparation
process, or some other forward looking business process?<br>
<br>
Again, <span id="OLK_SRC_BODY_SECTION">thanks in advance for your
clarification.<br>
<br>
Eric Brunner-Williams<br>
Eugene, Oregon<br>
</span><br>
On 1/10/15 7:34 PM, Steve DelBianco wrote:<br>
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cite="mid:FDF917C7-70BC-4A98-A7EC-886DA3B88F7D@netchoice.org"
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<div>Thanks, Eric. Glad to have your advice about how to
re-phrase that stress test.</div>
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<div>To clarify, that one was designed to ask whether/how the
community can restrain ICANN from funding causes that the
community believes are outside ICANN’s scope. So we're not
concerned here about whether the expense was ‘lawful’.</div>
<div><br>
</div>
<div>The 2010 board resolution you mention was specifically
about the new gTLD program. But this stress test covers
any/all ICANN expenditures, such as ICANN management’s
decision last year to fund NETmundial (approx $1 million) .
The NETmundial event wasn’t anticipated in the ICANN budget
reviewed by the community. Nor was the funding decision put
to the community for comment. So the corporation made a
<u>legal</u> expenditure, but the community had no way to
challenge or review before the money was spent.</div>
<div><br>
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<div>Hope that clarification helps. </div>
<div><br>
</div>
<div>Steve</div>
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<div id="">
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<span style="font-weight:bold">From: </span>Eric
Brunner-Williams <<a moz-do-not-send="true"
href="mailto:ebw@abenaki.wabanaki.net">ebw@abenaki.wabanaki.net</a>><br>
<span style="font-weight:bold">Date: </span>Saturday, January
10, 2015 at 9:48 PM<br>
<span style="font-weight:bold">To: </span>Steve DelBianco
<<a moz-do-not-send="true"
href="mailto:sdelbianco@netchoice.org">sdelbianco@netchoice.org</a>>,
Mathieu Weill <<a moz-do-not-send="true"
href="mailto:mathieu.weill@afnic.fr">mathieu.weill@afnic.fr</a>>,
Thomas Rickert <<a moz-do-not-send="true"
href="mailto:rickert@anwaelte.de">rickert@anwaelte.de</a>>,
"\"<a moz-do-not-send="true"
href="mailto:leonfelipe@sanchez.mx">leonfelipe@sanchez.mx</a>
>> León Felipe Sánchez Ambía\"" <<a
moz-do-not-send="true" href="mailto:leonfelipe@sanchez.mx">leonfelipe@sanchez.mx</a>><br>
<span style="font-weight:bold">Cc: </span>"<a
moz-do-not-send="true"
href="mailto:ccwg-accountability4@icann.org">ccwg-accountability4@icann.org</a>"
<<a moz-do-not-send="true"
href="mailto:ccwg-accountability4@icann.org">ccwg-accountability4@icann.org</a>><br>
<span style="font-weight:bold">Subject: </span>Business
Constituency Stress Test #4<br>
</div>
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<div class="moz-cite-prefix">Steve,<br>
<br>
Members of the Business Constituency are aware that
standard incorporation language (in California, Delaware,
New York, ...) contains phrasing of the form "any lawful
purpose".<br>
<br>
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
<abbr class="" title="generic Top Level Domain">gTLD</abbr>
Program, and requesting stakeholders to form a Working
Group to develop sustainable support needy applicants for
new gTLDs."<br>
<br>
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".<br>
<br>
In your revised language this restriction is expanded from
the Corporation's recurring revenues to include its
recurring revenues and its reserves.<br>
<br>
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?<br>
<br>
Thanks in advance for your clarification.<br>
<br>
Eric Brunner-Williams<br>
Eugene, Oregon<br>
<br>
[1] <a moz-do-not-send="true"
href="http://bizconst.org/stresstests">http://bizconst.org/stresstests</a><br>
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