[CCWG-ACCT] Board comments on Board removal in the context of GAC advice

Schaefer, Brett Brett.Schaefer at heritage.org
Sun Feb 14 01:45:26 UTC 2016


Thanks for the clarification. Your three scenarios implied that if the IRP failed, the EC could not move to remove the Board. I'm glad that would not be the case.

Getting back to the thresholds, I do not agree that the EC should have to act unanimously to exercise any of its powers.



Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002

On Feb 13, 2016, at 7:37 PM, Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au<mailto:Bruce.Tonkin at melbourneit.com.au>> wrote:

Hello Brett,

>> What if the Board decision, based on consensus GAC advice, is not necessarily against the outside of the scope or mission of ICANN (thus an IRP would not reverse it) but it is opposed by 3 or 4 SOACs? What recourse would they have under your proposal?

For matters where the Board is operating within the mission and bylaws, our view is that the 4 SOs/ACs threshold should apply to recall the whole Board.

From reading the discussion on this list though, I think the more common scenario is that the community feels that the Board has stepped outside of the scope of its mission in accepting a participial piece of GAC advice. Thus I think the IRP would normally be the most common way of dealing with such cases.

Other than that there are a range of other community powers that may apply in other circumstances that don’t have such a high threshold. For example if the Board accepted GAC advice to spend lots of money in a particular area which is within ICANN's mission, but the rest of the community objected, then community powers related to budget etc would apply.

Bruce Tonkin
Accountability-Cross-Community mailing list
Accountability-Cross-Community at icann.org<mailto:Accountability-Cross-Community at icann.org>

More information about the Accountability-Cross-Community mailing list