[CCWG-ACCT] Terminology for the ICANN trinity

[Malcolm Hutty]

On 02/03/2017 18:52, avri doria wrote:
> While there were a few terms we could not come to agreement on, we have
> produced the enclosed draft terminology. It includes alternatives in the
> places where we disagreed.

Avri,

Thank you for a useful piece of work, most of which seems to me to be
easily agreeable.

I do see a problem with your definition of ICANN Empowered Community.

You suggest:
"ICANN Empowered Community aka ICANN EC : The representatives of the
ICANN Corporation assigned by the various SOAC to the Empowered
Community function"

The Bylaws state (Article 6.1):
"(a) The Empowered Community ("EC") shall be a nonprofit association
formed under the laws of the State of California consisting of the ASO,
the ccNSO (as defined in Section 10.1), the GNSO (as defined in Section
11.1), the ALAC (as defined in Section 12.2(d)(i)) and the GAC (each a
"Decisional Participant" or "associate," and collectively, the
"Decisional Participants")
[...]"

These are inconsistent.

The Bylaws define the Empowered Community as a composite legal entity,
that is comprised of the named SOACs. You give that name to
"representatives", i.e. individuals.

I don't think there is even such a thing as "representatives" of the
SOACs in the Empowered Community process, but even if there were, there
is a distinction between individuals and the entity.

I don't think we should encourage people to use the term Empowered
Community in a manner inconsistent with the formal Bylaws definition;
this will only generate more of the confusion your paper seeks to resolve.

Kind Regards,

Malcolm

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            Malcolm Hutty | tel: +44 20 7645 3523
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