[WP1] Inherent powers of CMSM

[Greg Shatan]

I have stated more than once that the statutory members are at the top of
the heap in a membership non-profit, and have powers far beyond those of
mortal men.  But I'm not clear how the CMSM will -- in practical terms --
have the ability to require ICANN to enter into an IRP and abide by its
outcome (other than by threatening to spill or in fact spilling the
board).  I don't see anything "automatic." What am I missing?

Greg

On Tue, Jul 28, 2015 at 10:22 AM, Malcolm Hutty <malcolm at linx.net> wrote:

> Here is the text I propose to be added to the CMSM section, to reflect
> the inherent powers of the CMSM.
>
>
> In Section 5A.1 at the end, after where it says:
>
> "Under these arrangements the decisions and powers of the CMSM could be
> enforced through the internal IRP process with the force of binding
> arbitration and, if necessary, further backed through judicial
> proceedings."
>
> Add:
>
> "In circumstances where the Bylaws provide for the resolution of
> disputes between ICANN and other parties through the IRP process, the
> CMSM will also have the ability to require ICANN to enter into the IRP
> process and abide by its outcome, should it not do so voluntarily. This
> power to require ICANN to abide by its Bylaws arises automatically from
> its status as a member of the corporation and can, if necessary, be
> further backed through judicial proceedings."
>
> I believe many people who have been waiting for the outcome of the CCWG
> will be looking for this assurance.
>
> If the lawyers wish to wordsmith my text, that's fine, but it needs to
> reflect this basic capability.
>
> Malcolm.
>
>
> --
>             Malcolm Hutty | tel: +44 20 7645 3523
>    Head of Public Affairs | Read the LINX Public Affairs blog
>  London Internet Exchange | http://publicaffairs.linx.net/
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