[Acct-Legal] [CCWG-ACCT] Suggested text for designaor model

Wed Apr 29 13:09:26 UTC 2015

Hi team

I've attached a Word document that actually has the current draft text for
this that I am working on. It is NOT THE SAME as what Robin proposed.

I have copied lots of you in direct on this email as I don't have posting
rights.

Can this be what Counsel review, please?

Sorry to intrude....

cheers
Jordan

On 30 April 2015 at 00:56, List for the work of CCWG-Accountability Legal
SubTeam <ccwg-accountability5 at icann.org> wrote:

>  Greg, we agree with your concerns regarding the language highlighted.
> Please let us know if you would like us to mark up the suggested text.
> Holly
>
>
>
> Sent with Good (www.good.com)
>
> ------------------------------
> *From:* ccwg-accountability5-bounces at icann.org on behalf of List for the
> work of CCWG-Accountability Legal SubTeam
> *Sent:* Wednesday, April 29, 2015 12:14:09 AM
> *To:* Izumi Okutani; ccwg-accountability5 at icann.org
> *Cc:* Accountability Cross Community
> *Subject:* Re: [Acct-Legal] [CCWG-ACCT] Suggested text for designaor model
>
>   I am forwarding this email into the Legal Subteam for discussion and
> possible referral to counsel.
>
>  In the "suggested text," which I've pasted in below, I believe the text
> that I have highlighted and bolded is contrary to the advice we have
> received from Sidley/Adler and in some cases may inadvertently misstate
> that advice.  Rather than pick it apart here, I think it makes more sense
> to discuss this with Sidley/Adler and then bring it back to the full list
> or the next full meeting if need be.
>
>  Greg
>
>  SUGGESTED TEXT
>
> f) Designators are a construct in California law that can achieve some of
> the powers proposed below - *As ICANN's SOs/ACs struture is consistent
> with this model,* "the selection and removal of Board members" and "the approval
> or blocking of changes to bylaws" can be achieved by changing the ByLaws to
> define the role of SOs/ACs as designators,* without the need to organise
> unincorporated association. *But they cannot reliably deliver other
> aspects of the set of powers the CCWG believes the community needs, *such
> as statutory power for full board dismissal* and ability to have legal
> standing in court for enforcement of rights, if it is to fully hold ICANN
> to account.
> Crucially, in the view of our counsel, *to have dismissal of the entire
> board and for legal enforcement of rights in court, **would require some
> additional contractual relationships between SOs/ACs and ICANN, which would
> also oblige SOs and ACs to establish themselves into unincorporated
> associations,* so some of the perceived simplicity compared with the
> membership model isn't actually achievable.
>
>
>
> On Tue, Apr 28, 2015 at 4:13 PM, Izumi Okutani <izumi at nic.ad.jp> wrote:
>
>> Dear all,
>>
>>
>> As mentioned at the # 30 CCWG call, I'd like to suggest text changes for
>> 6.6.1.1 f).
>>
>>
>> 6.6.1.1 The Community Mechanism: Reference
>> Mechanism
>>
>> CURRENT TEXT
>> Designators are a construct in California law that can achieve some of
>> the powers proposed below ‐
>> mainly those regarding the selection and removal of Board members and the
>> approval or blocking of
>> changes to bylaws. But they cannot reliably deliver other aspects of the
>> set of powers the CCWG
>> believes the community needs, if it is to fully hold ICANN to account.
>> Crucially, in the view of our
>> counsel, this would also oblige the SOs and ACs to organise themselves
>> into unincorporated
>> associations ‐ and so some perceived simplicity compared with the
>> membership model isn’t actually
>> possible.
>>
>> SUGGESTED TEXT
>>
>> f) Designators are a construct in California law that can achieve some of
>> the powers proposed below - As ICANN's SOs/ACs struture is consistent with
>> this model, "the selection and removal of Board members" and "the
>> approval or blocking of changes to bylaws" can be achieved by changing
>> the ByLaws to define the role of SOs/ACs as designators, without the need
>> to organise unincorporated association. But they cannot reliably deliver
>> other aspects of the set of powers the CCWG believes the community needs,
>> such as statutory power for full board dismissal and ability to have legal
>> standing in court for enforcement of rights, if it is to fully hold ICANN
>> to account.
>> Crucially, in the view of our counsel, to have dismissal of the entire
>> board and for legal enforcement of rights in court, would require some
>> additional contractual relationships between SOs/ACs and ICANN, which would
>> also oblige SOs and ACs to establish themselves into unincorporated
>> associations, so some of the perceived simplicity compared with the
>> membership model isn't actually achievable.
>>
>>
>> Izumi
>> _______________________________________________
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_accountability-2Dcross-2Dcommunity&d=AwMFaQ&c=Od00qP2XTg0tXf_H69-T2w&r=1-1w8mU_eFprE2Nn9QnYf01XIV88MOwkXwHYEbF2Y_8&m=NR0PsiETMMHqEGWsEqsM3TUsDna9ar0VbKWCOQ7FQW8&s=p6H8i0OOhnuZDyDBKgA60-XF101UdXEKqdEXq__wOgc&e=>
>>
>
>
>
>
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