[ALAC] Questions on Accountability Proposals

Eduardo Diaz eduardodiazrivera at gmail.com
Mon Jun 1 17:19:17 UTC 2015


1. Yes
2. Yes
3. No

-ed

On Sat, May 30, 2015 at 10:04 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> 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
>
> _______________________________________________
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> ALAC at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/alac
>
> At-Large Online: http://www.atlarge.icann.org
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> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
>



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