[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT WP1 Meeting #4 11 March

[Tijani BEN JEMAA]

I absolutely agree with Bruce.

----------------------------------------------------------------------------
----
Tijani BEN JEMAA
Executive Director
Mediterranean Federation of Internet Associations (FMAI)
Phone:  + 216 41 649 605
Mobile: + 216 98 330 114
Fax:       + 216 70 853 376
----------------------------------------------------------------------------
----
 



-----Message d'origine-----
De : accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] De la part de
Bruce Tonkin
Envoyé : vendredi 13 mars 2015 23:32
À : accountability-cross-community at icann.org
Objet : Re: [CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT WP1
Meeting #4 11 March

Hello All,

>>    Bylaws are silent on ICANN remaining an not for profit while the AoC
commits and operating as multi-stakeholder organization for the benefit of
the public..

Note that while the bylaws are silent on that topic, the Articles of
Incorporation do speak to these points.

From: http://en.wikipedia.org/wiki/Articles_of_Incorporation

"The "Articles of Incorporation" (sometimes also referred to as the
Certificate of Incorporation or the Corporate Charter) are the primary rules
governing the management of a corporation in the United States and Canada,
and are filed with a state or other regulatory agency."

Also this article gives a simple description of the different purposes of
the Articles of Incorporation and the Bylaws:

http://www.legalflip.com/Article.aspx?id=56&pageid=295

The Articles of Incorporation set the framework for the organization and the
bylaws set out how the organization runs on a day-to-day basis.   So I thin
it is important to get the language of ICANN's purpose, multi-stakeholder
nature, and public benefit clear in the Articles of Incorporation.



The ICANN Articles of Incorporation at:
https://www.icann.org/resources/pages/articles-2012-02-25-en?routing_type=pa
th  state:

- This Corporation is a nonprofit public benefit corporation and is not
organized for the private gain of any person. 

-  It is organized under the California Nonprofit Public Benefit Corporation
Law for charitable and public purposes.

- the Internet is an international network of networks, owned by no single
nation, individual or organization

- pursue the charitable and public purposes of lessening the burdens of
government and promoting the global public interest in the operational
stability of the Internet

- The Corporation shall operate for the benefit of the Internet community as
a whole, carrying out its activities in conformity with relevant principles
of international law and applicable international conventions and local law
and, to the extent appropriate and consistent with these Articles and its
Bylaws, through open and transparent processes that enable competition and
open entry in Internet-related markets. To this effect, the Corporation
shall cooperate as appropriate with relevant international organizations.


I think the last point above in particular could be amended to include the
multi-stakeholder language that is common today, and to reinforce that it is
to the benefit of the public.

Regards,
Bruce Tonkin





 

_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community at icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community


---
Ce courrier électronique ne contient aucun virus ou logiciel malveillant parce que la protection avast! Antivirus est active.
http://www.avast.com