[ALAC] Questions on Accountability Proposals

Vanda Scartezini vanda at uol.com.br
Mon Jun 1 21:57:58 UTC 2015


ALAN , sorry to use other colleagues response to respond to you, but as I
have said some times before, I do not receive you message when it is
coming from ICANN lists;  Not new problem, I know, but never really solved.
 But let¹s go to my feedback:

Q1 - Do you believe that failing anything else, we must have the ability
to remove parts of or all of the Board?
 A - I believe yes. Even we expect not use it, the possibility to have
higher court to appeal is relevant.

 Q2 - 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).
 A - I believe on good faith or if we need enforcement,  it will never
really work. 

Q3 -  If the final CCWG proposal calls for full legal enforceability, is
that sufficient reason for the ALAC to not ratify it?
A - no, as I respond on question 2 above, if we need enforcement nothing
will be working and whatever is written will never work either, hence  I
see no reason to create a difficulty due to this issue.

Vanda Scartezini
Polo Consultores Associados
Av. Paulista 1159, cj 1004
01311-200- Sao Paulo, SP, Brazil
Land Line: +55 11 3266.6253
Mobile: + 55 11 98181.1464
Sorry for any typos.






On 5/31/15, 6:05, "Olivier MJ Crepin-Leblond" <ocl at gih.com> wrote:

>
>
>On 31/05/2015 04:04, Alan Greenberg wrote:
>> 1. Do you believe that failing anything else, we must have the ability
>> to remove parts of or all of the Board?
>
>Yes - this is something which has been discussed since the beginning of
>the discussions on Stewardship Transition & ICANN Accountability. I
>think this is really important.
>
>>
>> 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).
>
>Good faith. Legal Enforceability is a Red Herring that will not serve
>any of the SOs and ACs - because when you threaten to sue an
>organisation, you better have the adequate funding to sue that
>organisation. Hence where would the money from come for the ALAC to sue?
>
>>
>> 3. If the final CCWG proposal calls for full legal enforceability, is
>> that sufficient reason for the ALAC to not ratify it?
>
>No. I see no particular harm in a call for something that will, in
>practice, likely neither work, nor ever be used. If we reach the need
>for legal enforceability, it means ICANN really is in trouble. If we
>ever crossed that bridge, I'd recommend that ALAC and its RALOs walk
>away & find another home.
>
>Kindest regards,
>
>Olivier
>
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