[Acct-Legal] Legal issues raised -- 23-24 March

[León Felipe Sánchez Ambía]

Dear Jorge, 

Thank you very much for pointing out this question. I will make sure it is included in the document that, as I said, will be in evolution and posed upon the lawyers for advice.

Best regards,


León

> El 26/03/2015, a las 16:29, Jorge.Cancio at bakom.admin.ch escribió:
> 
> Dear Leon
> 
> I wonder whether the question of possible liabilities of future "community council" members -for exercising its powers- has been or will be considered.
> 
> Best regards
> 
> Jorge Cancio
> 
> -----Ursprüngliche Nachricht-----
> Von: ccwg-accountability5-bounces at icann.org [mailto:ccwg-accountability5-bounces at icann.org] Im Auftrag von León Felipe Sánchez Ambía
> Gesendet: Mittwoch, 25. März 2015 22:10
> An: Athina Fragkouli
> Cc: ccwg-accountability5 at icann.org
> Betreff: Re: [Acct-Legal] Legal issues raised -- 23-24 March
> 
> Dear Athina,
> 
> Thank you very much for this excellent summary on the legal issues raised during our Istanbul meeting.
> 
> I suggest we go through all and see if they are already addressed in the initial document drafted by Robin or if there are some items that might still be missing.
> 
> While we do that, initial advice may come in so I also suggest we wait to hear from the lawyers before putting more questions upon them as some might be already answered in their first approach.
> 
> All, as Athina said, please feel free to add any other questions or issues to the list.
> 
> Best regards,
> 
> 
> León
> 
>> El 25/03/2015, a las 19:37, Athina Fragkouli <athina.fragkouli at ripe.net> escribió:
>> 
>> Dear all,
>> 
>> Here is a list of the legal issues I noted being raised during our 
>> two-day meeting:
>> 
>> ----------------------------------------------------------------------
>> - Are there any already existing mechanisms to remove the Board within 
>> a non-profit cooperation structure and within the current structure of ICANN?
>> 
>> - What is the minimum Board size and composition required under 
>> California law?
>> 
>> - Would Board members that served on spilled Board be ineligible?
>> 
>> - Is it allowed under California Law to dismiss the whole Board?
>> 
>> - What kind of liability does the organisation without a Board carry? 
>> - What are the risks? Would a two-tier Board (acting as a "back up" 
>> board) be a possible solution?
>> 
>> - Is it possible to have the Board removed without cause?
>> 
>> - How binding could decisions of the Independent Review Panel be?
>> 
>> - Is it possible for ICANN to use different jurisdictions in order to 
>> govern different contract for its areas of work?
>> 
>> ----------------------------------------------------------------------
>> - Additionally the following proposals have been endorsed:
>> 
>> - The lawyers should receive the WP 1 Mechanisms Comparison Table in 
>> order to confirm our understanding of the mechanisms and as a guidance 
>> for their analysis.
>> 
>> - The lawyers should review our mechanism templates.
>> 
>> - In cases where our accountability requirements cannot be implemented 
>> due to limitations to the US California jurisdiction, this needs to be 
>> highlighted in their legal analysis.
>> 
>> --------------
>> 
>> Please feel free to add any questions I missed.
>> 
>> Kind regards,
>> Athina Fragkouli
>> 
>> 
>> _______________________________________________
>> Ccwg-accountability5 mailing list
>> Ccwg-accountability5 at icann.org
>> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
> 
> _______________________________________________
> Ccwg-accountability5 mailing list
> Ccwg-accountability5 at icann.org
> https://mm.icann.org/mailman/listinfo/ccwg-accountability5