[CCWG-ACCT] Terminology for the ICANN trinity

Malcolm Hutty malcolm at linx.net
Fri Mar 3 14:47:02 UTC 2017


On 02/03/2017 18:52, avri doria wrote:
> We are sending this for discussion by the full group and, if it is
> acceptable in general, for help in deciding between the alternatives
> numbered A1/A2 & B1/B2.

To help unpick this, I think we need to know whether your Option A1 & A2
are intended to include the Board.

The following thought may or may not relate to that question.

There is in law the concept of something being done by "ICANN Inc". This
would include anything done under the authority of the Board. It would
therefore include the Board's own decisions, but also anything done by
the management, staff or any agent or "servant of the company" (excuse
my Britishism!) that they were authorised to do on the company's behalf.
It would count as authorised whether the person acting were specifically
authorised to do that thing by higher authority, or if it fell within
the scope of things for which authority to act had been delegated to the
actor. So even such a simple thing as a member of staff publishing a
statement on a web page on ICANN's web site about the date of an
upcoming meeting would be included in the set of things that were "done
by ICANN, Inc.".

Things done by mere members of ICANN's multi-stakeholder community, such
as myself, do not intrinsically count as being done by ICANN, Inc. The
question of whether something done by a SOAC or a component of a SOAC
(such as a GNSO constituency) counts as being done by ICANN is
potentially legally complex and context-specific, but to a first
approximation I think the answer is that such things do not generally
count as done by ICANN Inc.

Where does this fit within your options? Does ICANN Inc, as described
above, map perfectly to one of them, or is it another category?

Malcolm.
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