[At-Large] [NA-Discuss] Fwd: Legal Status of ICANN RALO MOUs

Sun Apr 15 20:46:46 EDT 2007

Michael:

The questions you ask are good, but ALS and RALO already exist.  
Perhaps it might be worthwhile to get the opinion of those who have  
already gone through the process - and have committed to be involved  
in the structures that currently exist.

As well,  I encourage you (and others on the worldwide At-large  
list)  to comment on the  proposed Terms of Reference that will guide  
the independent review of ICANN's At-Large Advisory Committee. The  
public comment period will last from 30 March 2007 to 29 April 2007.  
Details @

http://icann.org/announcements/announcement-2-30mar07.htm

regards,

Robert
---
Robert Guerra <rguerra at privaterra.org>
Managing Director, Privaterra
Tel +1 416 893 0377

On 15-Apr-07, at 7:57 PM, Michael Maranda wrote:

> Coming into the whole question of "why have ALS and RALOs to begin  
> with", and the uncertainty of what could be put in an MOU that  
> would be agreed to, and then meaningful, let along enforceable is a  
> major challenge, and sets things on a strange footing.
>
> The large points are whether the public interest holds much weight  
> in ICANN decisions and in terms of regulation of their own  
> processes (and enforcement of policy) - and whether individuals and  
> other small entities who make use of and increasingly depend upon  
> the Internet.
>
> It would be good to map out the gaps in accountability that are  
> currently present... (quite an undertaking, I am sure)  and while  
> it may sound a naive proposal, I think such a framing makes things  
> very clear to a wider audience.
>
> Who can we depend upon to generate such a map?  What point of entry  
> can we make for the newcomer to these questions?   How can we use  
> information/communications technologies to facilitate that and to  
> increase the strength of an at-large community?
>
> What expertise do we have in regard to these questions, and what  
> advice has been sought?
>
> That's where our focus should be directed:  building our capacity  
> to really represent the at large community - to inform them and to  
> show that we have the weight of the world behind us.  (Not on top  
> of us)
>
> I see the various tools established for At Large and RALO use.    
> Who controls them?  Will it remain that way?  Do they serve our  
> interest?  What would better serve to be a place to aggregate the  
> issues and voices of the public at large?
>
>
> -MM
>
>
>
>
> On 4/15/07, RJGlass | America at Large <jipshida at gmail.com> wrote:  
> There should be some accountability in the process.
>
> Randy Glass
> A at L
>
>
> On 4/14/07, At-Large Staff <staff at alac.icann.org > wrote:Dear North  
> American ALS colleagues:
>
> Please find below the clarification promised on the status of MoUs
> with ICANN, and the view of the GC on the proposal by Wendy Seltzer on
> enforceability of the MoUs.
>
>
>
> ---------- Forwarded message ----------
> From: Daniel Halloran < daniel.halloran at icann.org>
> Date: 12-Apr-2007 23:28
> Subject: Legal Status of ICANN RALO MOUs
> To: Nick Ashton-Hart < nick.ashton-hart at icann.org>
> Cc: Sue Jonklaas < sue.jonklaas at icann.org>
>
>
> Nick,
>
> You asked about the legal status of the MOUs that ICANN enters with
> its regional at-large organizations.  Pursuant to ICANN Bylaws
> Article XI, Section 2.4g <http://www.icann.org/general/
> bylaws.htm#XI-2.4g>, ICANN's RALO MOUs are intended to address the
> "the respective roles and responsibilities of ICANN and the RALO
> regarding the process for selecting ALAC members and requirements of
> openness, participatory opportunities, transparency, accountability,
> and diversity in the RALO's structure and procedures, as well as
> criteria and standards for the RALO's constituent At-Large  
> Structures."
>
> The RALO MOUs were not intended to be "enforced" in courts of law --
> they do not include jurisdiction or dispute resolution language.
> They are intended only to document the structure and processes of
> these advice formulation and coordination organizations.  It would
> probably not be prudent for either ICANN or the RALOs to structure
> these relationships in a way that would expose ICANN or the RALOs to
> potential liability and increased risk of litigation from non-parties
> to these agreements.
>
> I hope this information is helpful.  Please let me know if I can be
> of any further assistance.
>
> Best regards,
> Dan Halloran
>
>
> --
> --
> Regards,
>
> Nick Ashton-Hart
> PO Box 32160
> London N4 2XY
> United Kingdom
> UK Tel: +44 (20) 8800-1011
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>
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> ---
> Draft MoU with ICANN:
> http://www.icannwiki.org/NA_RALO_MOU
>
> Draft Operating Principles:
> http://www.icannwiki.org/NA_RALO_OP
>
>
>
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> ---
> Draft MoU with ICANN:
> http://www.icannwiki.org/NA_RALO_MOU
>
> Draft Operating Principles:
> http://www.icannwiki.org/NA_RALO_OP
>
>
>
>
> -- 
> ---------------------------------------------------------------
> Executive Director, CTCNet Chicago Chapter
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> ---
> Draft MoU with ICANN:
> http://www.icannwiki.org/NA_RALO_MOU
>
> Draft Operating Principles:
> http://www.icannwiki.org/NA_RALO_OP