Bruce, Thank you for message. This is your understanding of the matter. In view of divergence of understanding of the matter, I have urged the CO-Chairs to certify the issue to Lawyers l for a formal and legal Memo from them This is the most crucial and fundamental topic to be fully agreed by the entire CCWG. Regards Kavouss 2016-01-25 1:29 GMT+01:00 Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au>:
Hello All,
Just a reminder that in addition to the high level concerns and detailed edits we have noted to date, it will be important in the final review to use consistent terminology for the concepts and entities discussed and ensure that the glossary is up to date. This will be especially important as to how “Sole Designator”, “Empowered Community” and “community” are used.
Following on from Holly’s note above, here is how I see the different terms applying:
Community – the aggregate of all those that attend ICANN meetings either physically (attending face-to-face meetings) or virtually (members of mailing lists, contributors to online forums etc). This also includes all the members of the constituency bodies – the RIRs, the SOs, the stakeholder groups, constituencies, the advisory committees etc
Empowered Community – this is a construct in the bylaws similar to the construct for SOs and ACs. The bylaws give this construct particular community powers, roles and responsibilities just as they give roles and responsibilities to individual SOs and ACs. The IRP is the primary mechanism where disputes are resolved with respect to the organisation’s compliance with those bylaws. The IRP is not a court in a single legal jurisdiction, but is a global mechanism for resolving disputes. I would expect that the panel would have global diversity amongst its members in addition to their skills. The ICANN Board will abide by the decision of the IRP.
Sole Designator -= this is a stand-alone legal entity that exists outside of ICANN. It appoints and removes Board directors on the instruction of the relevant SO, AC, nominating committee or Empowered Community as described in the bylaws. As well as appointing directors, it serves as the ultimate enforcement mechanism should the Board not follow the decision of an IRP panel through its power to remove Board directors. The ability to appoint or remove directors is enforceable in a California court. This is only mechanism that it tied specifically to the law in California.
Regards, Bruce Tonkin
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