[CCWG-ACCT] Terminology - “Sole Designator”, “Empowered Community” and “community”

Kavouss Arasteh kavouss.arasteh at gmail.com
Mon Jan 25 11:27:31 UTC 2016

Thank you for message.
This is your understanding of the matter.
In view of divergence of understanding of the matter, I have urged the
CO-Chairs to certify the issue to Lawyers l for a formal and legal Memo
from them
This is the most crucial and fundamental topic to be fully agreed by the
entire CCWG.

2016-01-25 1:29 GMT+01:00 Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>:

> Hello All,
> >>  Just a reminder that in addition to the high level concerns and
> detailed edits  we have noted  to date, it will be important in the final
> review to use consistent terminology for the concepts and entities
> discussed and ensure that the glossary is up to date.  This will be
> especially important as to how  “Sole Designator”, “Empowered Community”
> and “community” are used.
> Following on from Holly’s note above, here is how I see the different
> terms applying:
> Community – the aggregate of all those that attend ICANN meetings either
> physically (attending face-to-face meetings) or virtually (members of
> mailing lists, contributors to online forums etc).   This also includes all
> the members of the constituency bodies – the RIRs, the SOs, the stakeholder
> groups, constituencies, the advisory committees etc
> Empowered Community – this is a construct in the bylaws similar to the
> construct for SOs and ACs.   The bylaws give this construct particular
> community powers, roles and responsibilities just as they give roles and
> responsibilities to individual SOs and ACs.   The IRP is the primary
> mechanism where disputes are resolved with respect to the organisation’s
> compliance with those bylaws.    The IRP is not a court in a single legal
> jurisdiction, but is a global mechanism for resolving disputes.   I would
> expect that the panel would have global diversity amongst its members in
> addition to their skills.    The ICANN Board will abide by the decision of
> the IRP.
> Sole Designator -= this is a stand-alone legal entity that exists outside
> of ICANN.     It appoints and removes Board directors on the instruction of
> the relevant SO, AC, nominating committee or Empowered Community as
> described in the bylaws.     As well as appointing directors, it serves as
> the ultimate enforcement mechanism should the Board not follow the decision
> of an IRP panel through its power to remove Board directors.   The ability
> to appoint or remove directors is enforceable in a California court.   This
> is only mechanism that it tied specifically to the law in California.
> Regards,
> Bruce Tonkin
> _______________________________________________
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> Accountability-Cross-Community at icann.org
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