Hello Anne, 1. >> What level of consensus would operate to initiate enforcement action? What level would be necessary within any given SO/AC to initiate enforcement and then what level for the entire Community to consider and develop Consensus? That is a good question. We didn’t want to be prescriptive here. Different parts of the ICANN structure use different models for consensus. E.g. the GAC uses a non-objection approach to determine consensus. The GNSO typically defines consensus for policy matters as a 2/3 super-majority vote. I would expect that each SO and AC would determine what they consider to be consensus as part of their operating procedures (some of which are in the bylaws and some are documented outside of the bylaws. We then talk about "To initiate formal MEM proceedings, the agreed number of SOs and ACs must support the petition.". This is for the CCWG to decide - but for example you might want a minimum of two SOs, and perhaps no objections from any of the ACs. The CCWG charter defined consensus as: " The recommendations from the CCWG do not become “consensus” recommendations until they have been formally approved by the chartering organizations. The chartering organizations for the CCWG are: GNSO, ASO, ccNSO, ALAC, GAC and SSAC."
Does the Board anticipate there would be any delays resulting from the MEM “consensus enforcement decision” process as opposed to the Sole Member voting process?
We assumed the same time frame.
2. What would determine the composition of the MEM and what level of voting by that group would be necessary before enforcement is initiated?
The MEM Issue group would comprise representatives of the SOs and ACs that wished to initiate action. It is then up to that Group I think to determine how they want to operate.
3. If the MEM has capacity to sue for enforcement as stated in the Board proposal, what is its legal personhood
My understanding is that the chairs of the ACs and SOs that are members of the MEM issue group could enforce the action as legal persons, or you could form an incorporated association for the purpose of initiating and enforcing the arbitration. Regards, Bruce Tonkin