[CWG-Stewardship] Question re fiduciary duties and separation

[Jordan Carter]

Thanks all, for these comments.

My question was on a very narrow point, around whether the ICANN Board
would in fact be *able* to authorise a transfer as part of the escalation
process towards a separation.

I've seen Greg's reply as the nearest to a direct answer on that, which
confirms no specific advice on the point but argues it will be possible.

If that is where it stands, then I can consider myself informed -
concerned, but informed.

thanks,
Jordan


On 2 September 2015 at 08:00, Christopher Wilkinson <
lists at christopherwilkinson.eu> wrote:

> Well, Avri, precisely. As I pointed out some time ago, should matters ever
> reach such a pass that separation would be invoked, then the machinery
> proposed would not be fit for purpose.
> Other measures, external to ICANN, IANA and this Community would have
> intervened long before.
>
> Indeed, if all that CWG has achieved, in this respect, is to create some
> kind of moral hazard hanging over ICANN, then the last eighteen months work
> has been disproportionate.
>
> CW
>
>
>
> On 01 Sep 2015, at 18:45, Avri Doria <avri at acm.org> wrote:
>
> > Hi,
> >
> > Look at how long it took for the NTIA to have a rebid.  And there is
> > nothing in the separation function that prohibits doing a bid at a point
> > in the process.  In fact it is quite specific about a bid and the
> > possibility the the current PTO could bid again.
> >
> > My hope though, is that just the act of getting the machinery cranked
> > up, would be enough of a threat to cause ICANN to try to fix any
> > problem.  But if it didn't, I predict it would take about as long as it
> > took the NTIA, with its call for comments on how to do it &c.  We also
> > have to take into account the reactions and actions from Numbers and
> > Protocols at the time of any separation preparation - that would take
> > some time.  I think the reference solution strikes the balance between
> > changing over too easily and not being able to change over at all.
> >
> > avri
> >
> >
> >
> >
> > On 31-Aug-15 22:17, Mueller, Milton L wrote:
> >>
> >>
> >>
> >>
> >>
> >> *From:*cwg-stewardship-bounces at icann.org
> >> [mailto:cwg-stewardship-bounces at icann.org] *On Behalf Of *Jordan Carter
> >>
> >> I keep coming back to the status quo. At the moment, the USG can
> >> reassign the functions. We need to be careful that, given there is a
> >> principle of separability, it isn't rendered inoperable by the CWG's
> >> proposal through this matter.
> >>
> >>
> >>
> >> Frankly, I think the current proposal comes very close to rendering
> >> separability inoperable. While separation is theoretically possible,
> >> it suffers from the absence of the basic notion of competitive
> >> bidding. As one journalist (Kieren McCarthy) put it, “There are no
> >> less than 10 steps that have to go through seven different committees.
> >> Two of those committees have to be specially created and the process
> >> requires super majority votes from the two main supporting
> >> organizations not once but twice.”  The process is essentially
> >> designed to avoid change and keep it in PTI/ICANN’s hands in all but
> >> the most exceptional circumstances – and in most of the exceptional
> >> circumstances one could imagine a process this slow and complex would
> >> be practically useless. The basic idea of a renewable contract has
> >> been buried by a mound of steaming….committees and reviews. The CWG
> >> lost sight of the basic question they should have been answering,
> >> which is: “how can we keep the contractor honest and the process of
> >> RZF editing maximally efficient by making the possibility of the IFO’s
> >> replacement real?”
> >>
> >>
> >>
> >> My two cents
> >>
> >> --MM
> >>
> >>
> >>
> >>
> >>
> >> _______________________________________________
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> >
> >
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-- 
Jordan Carter

Chief Executive
*InternetNZ*

+64-495-2118 (office) | +64-21-442-649 (mob)
Email: jordan at internetnz.net.nz
Skype: jordancarter
Web: www.internetnz.nz

*A better world through a better Internet *
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