[NCUC-DISCUSS] Community Empowerment proposals - ICANN Accountability

[Subrenat, Jean-Jacques]

Hello,

thank you Arun for pointing out this interesting legal analysis from Delhi. I would be grateful if you would kindly convey my personal remarks to its authors:

MEMBERSHIP (page 2)
- This legal analysis does not mention the fact that the ICANN Board of Directors does, in fact, have 2 categories: full Members with voting rights, and non-voting Liaisons. On page 3, under "Representative Delegates", the paper does not mention the non-voting members. This legal paper's distinction between "statutory" and other members does not fully reflect the current situation. 

LIABILITIES (page 3)
- When I was on the ICANN Board, and it seems that this is still the case today, voting Members have liability. In fact, there is even an insurance scheme to provide for expenses which may be incurred by Members as a consequence of litigation against decisions taken by the ICANN Board. This reality is not sufficiently reflected in the legal analysis.

SUPERVISORY BOARD / 2-TIER BOARD (page 5)
- Without engaging in a wider discussion about what is permissible under California law, I notice that the legal analysis does not mention the fact that the Committee structure of the ICANN Board of Directors does offer, to some extent, a 2-tier system, where the full Board is the locus of final decision.

Thank you.
Jean-Jacques Subrenat.







----- Mail original -----
De: "Seun Ojedeji" <seun.ojedeji at gmail.com>
À: "Arun Mohan Sukumar" <arunmohan.s at gmail.com>
Cc: "NCUC-discuss" <ncuc-discuss at lists.ncuc.org>
Envoyé: Jeudi 23 Avril 2015 09:30:01
Objet: Re: [NCUC-DISCUSS] Community Empowerment proposals - ICANN	Accountability




Hi Arun, 

Thanks for this share. May I suggest to share this on the accountability list as well 

Cheers! 
sent from Google nexus 4 
kindly excuse brevity and typos. 
On 23 Apr 2015 07:59, "Arun Mohan Sukumar" < arunmohan.s at gmail.com > wrote: 




Dear NCUC colleagues, 


The Centre for Communication Governance has prepared a brief legal note on some of the community empowerment proposals under the CCWG-Accountability's consideration, based on our reading of the California statute. Please find it attached to this mail - we've prepared this keeping Indian stakeholders in mind. I hope the memo is accessible for lay readers here! 


Happy to receive feedback from the NCUC! 


Best, 
Arun 

-- 










@arunmsukumar 
Senior Fellow, Centre for Communication Governance 

National Law University, Delhi 
http://amsukumar.tumblr.com Ph: +91-9871943272 
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