[CCWG-ACCT] [Acct-Legal] community powers comparison: designator & membership model - what powers can we create and how to enforce them?

Jordan Carter jordan at internetnz.net.nz
Wed Apr 15 05:26:44 UTC 2015


I know this is bold, but is there any chance a reviewed copy might be
available for discussion in WP1 on Friday?

Many thanks
Jordan

On 15 April 2015 at 17:00, List for the work of CCWG-Accountability Legal
SubTeam <ccwg-accountability5 at icann.org> wrote:

> Dear Holly and Rosemary,
>
>
> Please do review Robin's table. I apologize for the delay on assignment
> and don't expect you to have elaborated for our call tomorrow but rather
> give an initial review so we can further discuss in our call tomorrow.
>
>
> Best regards,
>
>
> León
>
> El 14/04/2015, a las 16:42, List for the work of CCWG-Accountability Legal
> SubTeam <ccwg-accountability5 at icann.org> escribió:
>
> Happy to review with direction from Legal Subteam.  Please provide
> direction ASAP. 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:* Tuesday, April 14, 2015 03:45:49 PM
> *To:* ccwg-accountability5 at icann.org
> *Cc:* Accountability Cross Community
> *Subject:* Re: [Acct-Legal] [CCWG-ACCT] community powers comparison:
> designator & membership model - what powers can we create and how to
> enforce them?
>
>  Fantastic work Robin and much appreciated!
>
>  I echo Greg's comments concerning  the role of litigation in both
> models. I do like the format and I think it would be a great idea to have
> it reviewed and improved upon, if necessary, by counsel, for distribution
> to the general list.
>
>  Best,
>
>  Ed
>
>
> On Tue, Apr 14, 2015 at 8:19 PM, List for the work of CCWG-Accountability
> Legal SubTeam <ccwg-accountability5 at icann.org> wrote:
>
>>  Robin,
>>
>>  Thank you for this.  A great deal of effort clearly went into this and
>> this should develop into a very useful tool.  However, I think we will need
>> to have this reviewed by legal counsel before we rely on it.  Having
>> reviewed this briefly, I am uncertain that at this stage this document
>> accurately captures the legal advice, particularly with regard to how the
>> rights can be enforced.
>>
>>  Specifically, this seems to give the impression that, if the membership
>> model were chosen, the members would be limited to running off to court in
>> most cases should rights need to be enforced.  I'm fairly confident that is
>> not the case.  I believe that the remedies listed for the designator model,
>> particularly changes to the bylaws and the IRP, are equally available in
>> the member model.  With regard to litigation, I think the distinction is
>> that the designators have no ability to litigate on behalf of the
>> corporation, while this is one possibility (but far from the only one)
>> available to members.  In other words, such litigation is an extra power,
>> not the only power, available to members.
>>
>>  The Legal Sub Team (copied here) should discuss how to proceed.
>>
>>  Thank you again for taking the laboring oar in pulling this together!
>>
>>  Best regards,
>>
>>  Greg
>>
>> On Tue, Apr 14, 2015 at 2:35 PM, Robin Gross <robin at ipjustice.org> wrote:
>>
>>> Hello Team,
>>>
>>> What we need to do is take a hard look at both the membership model and
>>> the designator model and understand what rights can be created and how will
>>> they be enforced.  Once we understand what we *can* do, we need to look at
>>> the pros/cons of the different models and evaluate accordingly.
>>>
>>> But first, we need to understand what *can* be done so we can discuss
>>> *if* we ought to do it and what is the best means.
>>>
>>> So I've taken a first pass of each of the 6 community empowerment goals
>>> and created a comparison table to lay-out what rights can be created and
>>> how they can be enforced.  I've combed through all the 200+ pages of legal
>>> memos, today's CCWG call, and calls of the legal sub-team to compile this
>>> info into one table so the models can begin to be evaluated side-by-side.
>>>
>>> The doc is attached and also here is a link to the table comparing the 2
>>> models:
>>>
>>> https://docs.google.com/spreadsheets/d/1kkkRBpMUkTpD5_RP_Ogo1PTGzGt2kC6f1xooHfJXRBc/edit?usp=sharing
>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_spreadsheets_d_1kkkRBpMUkTpD5-5FRP-5FOgo1PTGzGt2kC6f1xooHfJXRBc_edit-3Fusp-3Dsharing&d=AwMFaQ&c=Od00qP2XTg0tXf_H69-T2w&r=1-1w8mU_eFprE2Nn9QnYf01XIV88MOwkXwHYEbF2Y_8&m=nyDQdlri5xYHMimBihFhuPRDmv90jS4gFWrucTjoxrM&s=nn6UHsMF-YpzD09pBcaHOa5b41fXAi_G4BJGOV2NU4A&e=>
>>>
>>> I am hopeful it can begin to help us to wrap our minds around what our
>>> goals are and how they could be accomplished by the two models at play.
>>>
>>> Thanks,
>>> Robin
>>>
>>>
>>>
>>> _______________________________________________
>>> 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=nyDQdlri5xYHMimBihFhuPRDmv90jS4gFWrucTjoxrM&s=US-o0Z7uMZoAN-IFJy0s1Z5jtYu6DE9E869zMvn679M&e=>
>>>
>>>
>>
>> _______________________________________________
>> Ccwg-accountability5 mailing list
>> Ccwg-accountability5 at icann.org
>> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_ccwg-2Daccountability5&d=AwMFaQ&c=Od00qP2XTg0tXf_H69-T2w&r=1-1w8mU_eFprE2Nn9QnYf01XIV88MOwkXwHYEbF2Y_8&m=nyDQdlri5xYHMimBihFhuPRDmv90jS4gFWrucTjoxrM&s=z40T48cuRcF7fOgJV5m84c2SuxHa3XHchkKdao9t6Yo&e=>
>>
>>
>
>
>
>
> ****************************************************************************************************
> This e-mail is sent by a law firm and may contain information that is
> privileged or confidential.
> If you are not the intended recipient, please delete the e-mail and any
> attachments and notify us
> immediately.
>
>
> ****************************************************************************************************
>  _______________________________________________
> 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
>
>


-- 
Jordan Carter

Chief Executive
*InternetNZ*

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
Skype: jordancarter

*A better world through a better Internet *
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150415/25eb6a54/attachment.html>


More information about the Accountability-Cross-Community mailing list