[EURO-Discuss] transparency on changes of rules

Roberto Gaetano roberto at icann.org
Tue May 8 07:05:50 EDT 2007

I don't know what was the past correspondence, and I assume that this is a
question that ultimately will end, for a change :<(, with the lawyers, but
my understanding since the beginning was that the relationship between ICANN
and EURALO, including the modus operandi of EURALO within ALAC, was going to
be governed by the MoU.

As a matter of fact, re-reading the documents (AoA & MoU) I see that the
election of EURALO representatives is covered in articles 1.2.5 and 5.4.1 of
the MoU. I wonder how the MoU could extend legally to organizations like
ALSes that do not sign the MoU. Of course, in the beginning we all thought
of an MoU signed by EURALO with ICANN, and implicitely adopted by each ALS
by joining the EURALO, but since we went the road of individual signatures
for the MoU, by the same toke we must assume that the MoU takes force only
for the ALSes who have signed it, not for the others. Who, if they do not
want to sign, will remain unaffected by MoU obligations, but also unaffected
by MoU advantages.

Where does this not make sense?



> -----Original Message-----
> From: euro-discuss-bounces at atlarge-lists.icann.org 
> [mailto:euro-discuss-bounces at atlarge-lists.icann.org] On 
> Behalf Of Annette Muehlberg
> Sent: 08 May 2007 12:11
> To: Nick Ashton-Hart ICANN
> Cc: EURALO Discussion
> Subject: [EURO-Discuss] transparency on changes of rules
> Dear Nick,
> You just wrote:
> "Whilst no impediment to participating in the work of the 
> organisation is otherwise envisaged, it was strongly felt 
> that only ALSes who are a party to the MoU with ICANN should 
> cast votes in the upcoming election."
> It is hard to understand the deeper significance of this 
> sentence, especially for non-native english speakers.
> After Lisbon I talked with you on the phone about the rights 
> of ALSes who did not sign the MOU. You said, that there is no 
> difference concerning voting rights in comparison to those 
> who signed it.
> After our talk you wrote on the list:
> "At the present time, NO LIMITATIONS ON NON-SIGNING ALSes 
> There has been some question about this raised in previous 
> emails. I hope this reinforces that there is nothing to worry about."
> Based on your mail, all accredited ALSes could expect to have 
> voting rights without limitations. But according to your 
> latest mail it seems that restrictions occured to those who 
> did not sign and voting rights have been limited to MOU 
> signers - except they would sign within the next two days.
> How can you expect that volunteer representatives of our 
> ALSes can meet such short term deadlines?
> So, if inbetween your two eMails (mentioned above) 
> limitations on rights of ALSes have been introduced:  what 
> changes exactly were made? why? 
> when? by whom?
> Best
> Annette
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