On 02/03/2017 18:52, avri doria wrote:
We are sending this for discussion by the full group and, if it is acceptable in general, for help in deciding between the alternatives numbered A1/A2 & B1/B2.
To help unpick this, I think we need to know whether your Option A1 & A2 are intended to include the Board. The following thought may or may not relate to that question. There is in law the concept of something being done by "ICANN Inc". This would include anything done under the authority of the Board. It would therefore include the Board's own decisions, but also anything done by the management, staff or any agent or "servant of the company" (excuse my Britishism!) that they were authorised to do on the company's behalf. It would count as authorised whether the person acting were specifically authorised to do that thing by higher authority, or if it fell within the scope of things for which authority to act had been delegated to the actor. So even such a simple thing as a member of staff publishing a statement on a web page on ICANN's web site about the date of an upcoming meeting would be included in the set of things that were "done by ICANN, Inc.". Things done by mere members of ICANN's multi-stakeholder community, such as myself, do not intrinsically count as being done by ICANN, Inc. The question of whether something done by a SOAC or a component of a SOAC (such as a GNSO constituency) counts as being done by ICANN is potentially legally complex and context-specific, but to a first approximation I think the answer is that such things do not generally count as done by ICANN Inc. Where does this fit within your options? Does ICANN Inc, as described above, map perfectly to one of them, or is it another category? 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 Monument Place, 24 Monument Street London EC3R 8AJ Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA