I tend to take an in-between position. I support a simpler process, but
one AC/SO is simply not sufficient.
In the Single Member model, it would have required the Member to act
which presumably would have been at least a majority of the AC/SOs.
Regardless of how that would have worked, I note that in the legal
analysis, we find the caveat "Authority under Section 6333 is
sparse, but it is nonetheless clear that a “purpose reasonably related to
[a] person’s interests as a member” does not include a member’s
commercial or political interests...."
To allow a single SO to take this action does exactly that. Both the
ccNSO and a near-majority of the GNSO have clear business interests at
stake and allowing them to solely demand access is no longer a
"community" action.
Alan
At 06/01/2016 11:47 AM, Jordan Carter wrote:
Hi all
Just a quick note to say I much prefer the lawyers' proposed approach on
inspection rights, and do not support the Board's proposal.
As a matter of principle, the use of these rights is most likely to help
inform a decision about using the other community powers. Using the same
process as that which applies to those community powers is overkill: this
*should* be a simpler process.
As a matter of practical effect, the requirement that an SO or AC agree
the request will by itself prevent vexatious or over-frequent use. There
is no chance of, say, the ccNSO Council, randomly & inappropriately
deciding to exercise such a right.
So since the practical fears the Board noted aren't really valid, and
since there is wide agreement as far as I can tell about the importance
of these rights, in my opinion we should go with what our lawyers have
suggested here, and be clear with the language in the next version of our
document. That's the most workable and straight forward approach
IMO.
best
Jordan
On 6 January 2016 at 15:53, Alice Jansen
<alice.jansen@icann.org
> wrote:
- Sent on behalf of CCWG-ACCT Co-Chairs
- In preparation for your Recommendation 1 – Inspection Rightts (first
reading) discussion scheduled for your call #75 - Thursday, 7 January
2016 (19:00 – 22:00 UTC) - please find attached the maaterial to review.
- Please use this email thread to circulate any comments you may have
in advance of the call.
- Thank you
- Mathieu, Thomas, LeĂłn
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InternetNZ
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