On 2015-06-14 22:22, Burr, Becky wrote:
Some people are concerned that if the cause of action is very broad and/or if there are no constraints on the circumstances under which a member can bring such a claim or the venue in which a member can bring a claim, this cause of action in particular creates an incentive to litigate/delay/block consensus.
Others believe that these concerns can be effectively addressed and that because the ICANN Board will comply with its legal requirements, enforceability reduced the likelihood of litigation.
Still others seem concerned about any attempts to limit access to a court of competent jurisdiction, wherever that may be.
Well put. I would like to ask whether the first view is really well founded. American public companies are exposed to shareholder lawsuits in this fashion, and it hasn't noticeably impaired the success of American industry. Moreover, anybody can become a shareholder in a publicly listed company if they wish to bring such a suit. Giving ICANN a membership simply exposes it to some part of the same discipline - and without the complaint "When you did X it made the share price go down" that is the basis of most such lawsuits. That doesn't sound so fearful to me. So what is the reason for thinking ICANN needs to be immune to a procedure that others can weather? Malcolm. -- Malcolm Hutty | tel: +44 20 7645 3523 Head of Public Affairs | Read the LINX Public Affairs blog London Internet Exchange | http://publicaffairs.linx.net/ London Internet Exchange Ltd 21-27 St Thomas Street, London SE1 9RY Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA