[CCWG-ACCT] Further thoughts on the "empowered SO/AC model" discussion on Friday

Sun Jun 21 16:52:04 UTC 2015

•        “A simple statement of intent to do so confers the legal status (personhood) needed to enforce recommended powers and authorities
•        No legal filings are required”

Seems a little counter-intuitive (self-confer a statutory status, without involvement by the state). A little more explanation from the lawyers might help.

From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Jordan Carter
Sent: Sunday, June 21, 2015 11:25 AM
Cc: accountability-cross-community at icann.org Community
Subject: Re: [CCWG-ACCT] Further thoughts on the "empowered SO/AC model" discussion on Friday

Thanks too to Becky for pulling this together, and I agree with Robin that the straight comparison involved here would be v helpful.

I just have a point about one sentence of Robin's email:

"I know there is greater power for those who choose to be members under the Hybrid Model with respect to budget and strat plan, but let's play out how far we *can* get with the Empowered Designator Model?   "

I think we need to clearly separate what the powers we propose are, from the degree to which they can be made to stick if anyone decides not to do what the community asks.

The powers we propose (budget, bylaws controls; removal of directors or Board) are the same under the three models.

Under the bylaws only or voluntary model, none of the powers are enforceable in law.

Under the empowered designators model, all of the powers except budget / strat plan are enforceable in law.

Under the SO/AC empowered model, an SO or AC that opted to make the declaration could enforce any or all of the powers in law.

Whoever can or cannot enforce the bylaws as they relate to these powers, it makes no difference as to how the powers themselves work. That is, if there was a mix of statuses for different SOs and ACs, it would not change the balance of influence we end up proposing for the actual operation of the powers.

This is an important point for us all to be super clear about as part of our working discussions - including the absolute possibility that my interpretation above isn't right (after all, I am not a lawyer...).

cheers
Jordan

On 21 June 2015 at 12:16, Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>> wrote:
It would be useful to play both scenarios out a bit - how would we do this under the Empowered Designator model and also the Hybrid Model?

How would we craft an optimal system under both models?  What would they look like?  How far can we get?  I know there is greater power for those who choose to be members under the Hybrid Model with respect to budget and strat plan, but let's play out how far we *can* get with the Empowered Designator Model?

If we do this exercise in an objective and non-prejudicial manner, it would be extremely helpful to assist our group tease out the consequences, possibilities, and limitations of each scenario.

Thanks,
Robin

On Jun 21, 2015, at 7:27 AM, Burr, Becky wrote:

Dear All -

[...]

A final, important note.  It appears that the same kind of mechanism could be used in the designator model context (again, with the limitations with respect to the budget and strat plan).  So to the extent that the designator model is still in play, most of the concepts we’ve laid out are applicable.

Best,

Becky

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
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