OReilly Media on "ICANN without restraints: the difficulties of coordinating stakeholders"

[Robin Gross]

On Oct 3, 2009, at 7:21 AM, Jorge Amodio wrote:

> [...]
>
> I'm not an attorney so correct me if I'm wrong. As far as I know
> being ICANN
> a non-profit CA corp with no institutional "members", legally
> besides to the
> Attorney General, ICANN still is accountable to ... nobody ?
>
> [...]

Technically, ICANN is a California not-for-profit corporation so it
is primarily accountable to its corporate board of directors.  Under
the law, the buck stops with them because they have a fiduciary
obligation to make informed decisions that serve the public
interest.   If they fail, one could appeal to the California Attorney
General's Office who over-sees California nonprofits.  One could also
complain to the US Federal government because of ICANN's 501(c)(3)
tax status it must be meet certain standards of accountability and
public benefit.   And ICANN can be sued in legal courts, most easily
in California, just like any other nonprofit corporation for breach
of its legal obligations.

Robin


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Robin Gross, Executive Director
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