[CCWG-ACCT] Nomcom as a UA - legal question

Greg Shatan gregshatanipc at gmail.com
Sat Apr 25 02:50:19 UTC 2015


Holly,

Yes, please proceed to answer the questions posed in Avri's email.

Thanks!

Greg

On Friday, April 24, 2015, List for the work of CCWG-Accountability Legal
SubTeam <ccwg-accountability5 at icann.org> wrote:

>  Thanks Greg. I take it that the Legal SubTeam would like us to add this
> to the list of questions we are answering. Holly
>
>
>
> Sent with Good (www.good.com)
>
> ------------------------------
> *From:* ccwg-accountability5-bounces at icann.org
> <javascript:_e(%7B%7D,'cvml','ccwg-accountability5-bounces at icann.org');>
> on behalf of List for the work of CCWG-Accountability Legal SubTeam
> *Sent:* Friday, April 24, 2015 05:54:47 PM
> *To:* Avri Doria; ccwg-accountability5 at icann.org
> <javascript:_e(%7B%7D,'cvml','ccwg-accountability5 at icann.org');>
> *Cc:* accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>
> *Subject:* Re: [Acct-Legal] [CCWG-ACCT] Nomcom as a UA - legal question
>
>   Avri,
>
>  I am forwarding your question to the Legal Sub Team list.
>
>  Greg
>
> On Fri, Apr 24, 2015 at 6:51 PM, Avri Doria <avri at acm.org
> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>> wrote:
>
>> Hi,
>>
>> I am confused as to how this works.  Please forgive my questions.  This
>> has less to do with the proposal I made then with trying to understand the
>> nature of a UA.  I had not realized until yesterday that the membership
>> model was as popular as it has been defined to be.  I had also not realized
>> that we were down to membership or designator model as our only choices
>> until today.
>>
>> What qualifies the Nomcom as an association?  It can't be the people, as
>> there is no continuity, except among the staff. and  some overlap in chairs
>> as last year's chair, this years' chair and next year's possible chair,
>> sit togehter each year. I guess that  is a bit of natural person
>> continuity.  Is that chair thread significant?
>>
>> Or is that it is always formed according to same bylaw, even if all of
>> the people are different, that is a qualifying mark? Is being a differnt
>> instantiation of the same process sufficient to define a UA, even if there
>> is no continuity of natural persons?
>>
>>
>> thanks
>>
>>
>> avrl
>>
>> Note: I would have sent this to the legal list, but i never managed to
>> get subscribed that one as far as I can tell.
>>
>>
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