[ALAC] Questions on Accountability Proposals

[Fatima Cambronero]

Dear Alan, All,

My answers:

1.Yes
2. No
3. Yes

+1 Maureen coments.

Best Regards,
Fatima

2015-05-31 20:04 GMT-05:00 León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>
:

> Hello all,
>
> My answers:
>
> 1- Yes
> 2- Yes
> 3- No
>
>
> Best regards,
>
>
> León
>
> > El 30/05/2015, a las 21:04, Alan Greenberg <alan.greenberg at mcgill.ca>
> escribió:
> >
> > The ALAC and IANA-Issues meetings last week brought a lot of clarity to
> the position of At-Large with respect the CCWG-Accountability Proposals.
> >
> > One area where participants seemed to hold varying opinions was to what
> extent the new accountability measures need to be "enforceable".
> >
> > For a power given to the community to be enforceable, the community or
> its representatives ultimately need to be able to go to court if ICANN (ie
> the ICANN Board) does not honor the communities directives. That doesn't
> mean that anyone WILL sue, but the right and therefore the possibility is
> there.
> >
> > Currently, we have no such right. Although there have been numerous
> times where parts of the community (at times large parts) have been
> dissatisfied with Board action, it is not clear that IF we had the planned
> powers at that time, would we have used them.
> >
> > In a typical case, although some parts of the community may be
> dissatisfied, others were delighted with the decision. In a case such as
> the creation of "digital archery" to address the order in which new gTLD
> applications would be processed, pretty much everyone was dissatisfied, but
> it is far from clear it was an issue that warranted extreme action.
> >
> > If there is no formal enforceability, then we would rely on good faith
> and trust to address points of contention. In the case of failure, most
> parties seem to agree that removal of the Board (or selected parts of it)
> must be fully enforceable.
> >
> > The current CCWG proposal calls for COMPLETE enforceability. This
> implies certain structural changes.
> >
> > Here are several questions. This message is also being sent to the IANA
> Issues list. Only one reply is needed. Please reply by Monday if at all
> possible.
> >
> > 1. Do you believe that failing anything else, we must have the ability
> to remove parts of or all of the Board?
> >
> > 2. With the exception of Board member removal, do we need legal
> enforceability of can we rely on good faith (and Board member removal if
> you supported that).
> >
> > 3. If the final CCWG proposal calls for full legal enforceability, is
> that sufficient reason for the ALAC to not ratify it?
> >
> > Alan
> >
> > _______________________________________________
> > ALAC mailing list
> > ALAC at atlarge-lists.icann.org
> > https://atlarge-lists.icann.org/mailman/listinfo/alac
> >
> > At-Large Online: http://www.atlarge.icann.org
> > ALAC Working Wiki:
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
>
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>
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>



-- 
*Fatima Cambronero*
Abogada-Argentina

Phone: +54 9351 5282 668
Twitter: @facambronero
Skype: fatima.cambronero
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