Bruce,
I agree with your presentation.

However, you have exposed the flaw in ICANN Structure, rather than addressing it.
Membership would address the flaw.

Thus, would it not be better to create the new ICANN addressing flaws?

Regards.

On Sat, Oct 3, 2015 at 11:17 AM, Nigel Roberts <nigel@channelisles.net> wrote:
I'm not sure I agree with this exactly as phrased by Bruce.

ICANN's Directors owe a fiduciary duty to the corporation. This is undeniable.

ICANN (the corporation) is established to lessen the burden of government and promote the global public interest in the operational stability of the Internet (Art 3).

ICANN operates for the benefit of the Internet Community as a whole (Art 4).

Whilst ICANN certainly owes a duty or obligation of some form "to the Internet community as a whole" (as per Art 4, above), I am not convinced that it is that of a fiduciary, or even the lesser standard of the tort duty of care: see as a starting point:https://en.wikipedia.org/wiki/Fiduciary

Please convince me.




    ICANN owes a fiduciary duty to the Internet community as a whole.

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