Thanks Alan. Exactly! Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey -----Original Message----- From: Alan Greenberg [mailto:alan.greenberg@mcgill.ca] Sent: Friday, September 18, 2015 5:21 PM To: Phil Corwin; Bruce Tonkin; accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] Your public comment re replacement of IANA provider Let me re-phrase that. I appreciate that the Board is suggesting that costs of using the MEM to enforce fundamental Bylaws will be covered by ICANN. Is it also the intent of the proposal submitted by the Board that IRP costs incurred by AC/SOs enforcing regular Bylaws by covered by ICANN? Alan At 18/09/2015 12:49 PM, Phil Corwin wrote:
Can we please confine questions at this time to understanding? Proposing starts to look like negotiating.
Sent from my BlackBerry 10 smartphone.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW. Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VLawDC
"Luck is the residue of design" -- Branch Rickey Original Message From: Alan Greenberg Sent: Friday, September 18, 2015 11:52 AM To: Bruce Tonkin; accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] Your public comment re replacement of IANA provider
Thanks Bruce. Are you proposing that ICANN cover any IRP costs if it is used by AC/SOs?
Alan
At 18/09/2015 05:20 AM, Bruce Tonkin wrote:
Hello Alan,
The CCWG Draft Proposal provides the IRP to allow the community to ensure that ICANN is following its Bylaws.
Yes the ICANN Board also agrees that the IRP still applies to all bylaws. It can be used by individuals, companies or groups to bring actions.
In the body of the Board comments, it says that the Board is proposing the MEM to allow the community ensure that ICANN is complying with its Articles of Incorporation and Bylaws. However, in the "Memo on Proposed Approach for Community Enforceability", it says that arbitration may be used only for violation of Fundamental Bylaws.
The MEM is fully funded and is brought by SOs and ACs, if there is a breach of fundamental bylaws, In the case of the MEM - in addition to funding the cost of the standing panel, the ICANN also will pay the legal advice fees for the MEM issue group. Much like ICANN is paying for the attorney fees for the CCWG today.
The independent review process (IRP) is itself a fundamental bylaw. So the two become linked in that if the IRP is used to decide whether the Board has followed the bylaws, and the board does not follow the binding decision of the IRP panel (to the extent permitted by law) - then this would be a breach of the fundamental bylaw, and the MEM could be applied.
Regards, Bruce Tonkin
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