Question raised on this morning's Legal SubTeam Call
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question: Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member's statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree? As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today. Thanks, Sam
Very helpful question. Thanks, Robin On Apr 29, 2015, at 4:25 PM, Samantha Eisner wrote:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers. Counsel, Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set? Best regards, León
El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org> escribió:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam
Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition? el -- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org> wrote:
Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers.
Counsel,
Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set?
Best regards,
León
El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org> escribió:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam
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Dear Eberhard, Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter? Best regards, León
El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org> escribió:
Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition?
el
-- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org <mailto:ccwg-accountability5@icann.org>> wrote:
Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers.
Counsel,
Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set?
Best regards,
León
El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org <mailto:Samantha.Eisner@icann.org>> escribió:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam
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Is that self evident only to non-lawyers? el -- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 07:41, León Felipe Sánchez Ambía <leonfelipe@sanchez.mx> wrote:
Dear Eberhard,
Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter?
Best regards,
León
El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org> escribió:
Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition?
el
-- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org> wrote:
Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers.
Counsel,
Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set?
Best regards,
León
El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org> escribió:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam
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Short of a comprehensive analysis of every statute book of every country that has a ccTLD I don’t see how that question can ever be answered in a wholesome manner. -James From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Dr Eberhard W Lisse Sent: Thursday, April 30, 2015 7:51 AM To: CCWG Accountability Cc: ccwg-accountability5@icann.org; directors@omadhina.net; CCWG Accountability Subject: Re: [CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call Is that self evident only to non-lawyers? el -- Sent from Dr Lisse's iPad mini On Apr 30, 2015, at 07:41, León Felipe Sánchez Ambía <leonfelipe@sanchez.mx<mailto:leonfelipe@sanchez.mx>> wrote: Dear Eberhard, Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter? Best regards, León El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>> escribió: Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition? el -- Sent from Dr Lisse's iPad mini On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>> wrote: Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers. Counsel, Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set? Best regards, León El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org<mailto:Samantha.Eisner@icann.org>> escribió: In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question: Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree? As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today. Thanks, Sam _______________________________________________ Ccwg-accountability5 mailing list Ccwg-accountability5@icann.org<mailto:Ccwg-accountability5@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-accountability5 _______________________________________________ Ccwg-accountability5 mailing list Ccwg-accountability5@icann.org<mailto:Ccwg-accountability5@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
I had a message asking for clarification off list: Sam is talking about statutory rights granted to member sunder California statute, a single set of laws to be examined. And these are well understood by our counsel due to their expertise. These statues are relevant to our work in framing a new legal structure for the AC/SO’s. Eberhard is talking about statutory rights of ccTLD managers which would be set down under national law of the domicile of the ccTLD manager, potentially hundreds of sets of laws. I think that anyone can see that this would be a mammoth undertaking by any law firm and may take months or years to come to a wholesome opinion on. -James From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of James Gannon Sent: Thursday, April 30, 2015 7:56 AM To: Dr Eberhard W Lisse; CCWG Accountability Cc: ccwg-accountability5@icann.org; directors@omadhina.net; CCWG Accountability Subject: Re: [CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call Short of a comprehensive analysis of every statute book of every country that has a ccTLD I don’t see how that question can ever be answered in a wholesome manner. -James From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Dr Eberhard W Lisse Sent: Thursday, April 30, 2015 7:51 AM To: CCWG Accountability Cc: ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>; directors@omadhina.net<mailto:directors@omadhina.net>; CCWG Accountability Subject: Re: [CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call Is that self evident only to non-lawyers? el -- Sent from Dr Lisse's iPad mini On Apr 30, 2015, at 07:41, León Felipe Sánchez Ambía <leonfelipe@sanchez.mx<mailto:leonfelipe@sanchez.mx>> wrote: Dear Eberhard, Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter? Best regards, León El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>> escribió: Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition? el -- Sent from Dr Lisse's iPad mini On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>> wrote: Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers. Counsel, Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set? Best regards, León El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org<mailto:Samantha.Eisner@icann.org>> escribió: In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question: Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree? As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today. Thanks, Sam _______________________________________________ Ccwg-accountability5 mailing list Ccwg-accountability5@icann.org<mailto:Ccwg-accountability5@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-accountability5 _______________________________________________ Ccwg-accountability5 mailing list Ccwg-accountability5@icann.org<mailto:Ccwg-accountability5@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
Thanks James, I agree with your reasoning and I also believe Dr. Lisse’s question is out of scope as per our Charter as it relates to accountability for the administration of the IANA function which is in the scope of the CWG’s work instead. Best regards, León
El 30/04/2015, a las 2:11, James Gannon <james@cyberinvasion.net> escribió:
I had a message asking for clarification off list:
Sam is talking about statutory rights granted to member sunder California statute, a single set of laws to be examined. And these are well understood by our counsel due to their expertise. These statues are relevant to our work in framing a new legal structure for the AC/SO’s.
Eberhard is talking about statutory rights of ccTLD managers which would be set down under national law of the domicile of the ccTLD manager, potentially hundreds of sets of laws. I think that anyone can see that this would be a mammoth undertaking by any law firm and may take months or years to come to a wholesome opinion on.
-James From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of James Gannon Sent: Thursday, April 30, 2015 7:56 AM To: Dr Eberhard W Lisse; CCWG Accountability Cc: ccwg-accountability5@icann.org; directors@omadhina.net; CCWG Accountability Subject: Re: [CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call
Short of a comprehensive analysis of every statute book of every country that has a ccTLD I don’t see how that question can ever be answered in a wholesome manner.
-James
From: accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org>] On Behalf Of Dr Eberhard W Lisse Sent: Thursday, April 30, 2015 7:51 AM To: CCWG Accountability Cc: ccwg-accountability5@icann.org <mailto:ccwg-accountability5@icann.org>; directors@omadhina.net <mailto:directors@omadhina.net>; CCWG Accountability Subject: Re: [CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call
Is that self evident only to non-lawyers?
el
-- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 07:41, León Felipe Sánchez Ambía <leonfelipe@sanchez.mx <mailto:leonfelipe@sanchez.mx>> wrote:
Dear Eberhard,
Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter?
Best regards,
León
El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org <mailto:ccwg-accountability5@icann.org>> escribió:
Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition?
el
-- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org <mailto:ccwg-accountability5@icann.org>> wrote:
Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers.
Counsel,
Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set?
Best regards,
León
El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org <mailto:Samantha.Eisner@icann.org>> escribió:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam
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Dear Co-Chairs Thomas and Mathieu, Besides that this is not a decision to be made by one Co-Chair, as usual, your colleague is wrong, it has nothing to to with implementation or operational accountability. Let me quote (selectively) from the Charter: The CCWG-Accountability will investigate accountability mechanisms regarding all of the functions provided by ICANN. ^^^ Suggested questions to be considered as part of Work Stream 1 include, but are not limited to: What would be the impact of NTIA's transition of the IANA Functions Contract in ensuring ICANN's accountability and what potential accountability concerns could this cause? The CWG-Stewardship's scope is focused on the arrangements required for the continuance of IANA functions in an accountable and widely accepted manner after the expiry of the IANA Functions Contract. Accountability for the administration of the IANA functions (i.e., implementation and operational accountability) is not within the scope of the CCWG-Accountability as it is being dealt with by the CWG-Stewardship. I am clearly not asking about implementation or why IANA department staff should not lean on (cc)TLD Managers, that would be out of scope for the CCWG Accountability, but we need to establish the foundations on which this rests and the impact this may have. The Charter requires it. I have also not asked about the statutory rights in each country where a (cc)TLD Manager finds itself, but I am thankful for the reminder, as this also needs to be looked at. And as before, just because some here want to rush, doesn't mean it needs to be rushed. So, to clarify: Are there any statutory (US (Federal and/or States) and/or other) rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition? But, perhaps assigning the question to the independent counsel will clear this up, and I am quite satisfied if we start with the US. el On 2015-04-30 08:17, León Felipe Sánchez AmbÃa wrote: [...]
I agree with your reasoning and I also believe Dr. Lisseâs question is out of scope as per our Charter as it relates to accountability for the administration of the IANA function which is in the scope of the CWGâs work instead.
Best regards,
León
El 30/04/2015, a las 2:11, James Gannon <james@cyberinvasion.net <mailto:james@cyberinvasion.net>> escribió: [...] Eberhard is talking about statutory rights of ccTLD managers which would be set down under national law of the domicile of the ccTLD manager, potentially hundreds of sets of laws. I think that anyone can see that this would be a mammoth undertaking by any law firm and may take months or years to come to a wholesome opinion on.
-James [...] -- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el@lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/
Dear Eberhard, Quote from our Charter: "Accountability for the administration of the IANA functions (i.e., implementation and operational accountability) is not within the scope of the CCWG-Accountability as it is being dealt with by the CWG-Stewardship.” Maybe your question should be raised in the context and lists of the CWG? Best regards, León
El 30/04/2015, a las 1:50, Dr Eberhard W Lisse <el@lisse.na> escribió:
Is that self evident only to non-lawyers?
el
-- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 07:41, León Felipe Sánchez Ambía <leonfelipe@sanchez.mx <mailto:leonfelipe@sanchez.mx>> wrote:
Dear Eberhard,
Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter?
Best regards,
León
El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org <mailto:ccwg-accountability5@icann.org>> escribió:
Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition?
el
-- Sent from Dr Lisse's iPad mini
On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org <mailto:ccwg-accountability5@icann.org>> wrote:
Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers.
Counsel,
Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set?
Best regards,
León
El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org <mailto:Samantha.Eisner@icann.org>> escribió:
In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question:
Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree?
As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today.
Thanks,
Sam
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Dear Co-Chairs Thomas and Mathieu, as per my previous email, it's not about implementation or operations, it's a fundamental question, and our Charter mandates investigation of *ALL* issues. el On 2015-04-30 08:10, León Felipe Sánchez Ambía wrote:
Dear Eberhard,
Quote from our Charter:
"Accountability for the administration of the IANA functions (i.e., implementation and operational accountability) is not within the scope of the CCWG-Accountability as it is being dealt with by the CWG-Stewardship.”
Maybe your question should be raised in the context and lists of the CWG?
Best regards,
León
No cheers, Roelof From: Eberhard Lisse <el@lisse.na<mailto:el@lisse.na>> Date: donderdag 30 april 2015 08:50 To: CCWG Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: "ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>" <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>>, "directors@omadhina.net<mailto:directors@omadhina.net>" <directors@omadhina.net<mailto:directors@omadhina.net>>, CCWG Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call Is that self evident only to non-lawyers? el -- Sent from Dr Lisse's iPad mini On Apr 30, 2015, at 07:41, León Felipe Sánchez Ambía <leonfelipe@sanchez.mx<mailto:leonfelipe@sanchez.mx>> wrote: Dear Eberhard, Could you please elaborate on how this questions relates to ICANN’s accountability as per our Charter? Best regards, León El 30/04/2015, a las 0:57, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>> escribió: Are there any statutory rights of (cc)TLD Managers affected by the existence, acts or omissions of the IANA Function Manager at present, and will that change with/after the transition? el -- Sent from Dr Lisse's iPad mini On Apr 30, 2015, at 01:49, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org<mailto:ccwg-accountability5@icann.org>> wrote: Thanks for this questions Sam. I am forwarding them to the legal sub-team list for assignment to the lawyers. Counsel, Could you please kindly add these questions to the work in progress so we can have the answers at your earliest convenience and in line with the priorities set? Best regards, León El 29/04/2015, a las 18:25, Samantha Eisner <Samantha.Eisner@icann.org<mailto:Samantha.Eisner@icann.org>> escribió: In furtherance to my comments yesterday on the CCWG and in follow up to my comments on the Legal SubTeam call, I request that we receive an answer to the following question: Are there any statutory rights that are given to individual members in a membership organization that are difficult to constrain? If so, what are those statutory rights and to what extent can they modified? For example, if an individual has a statutory right to bring a derivative action (file suit) against the organization, can that individual member’s statutory right to bring such an action be limited to, for example, areas where the community had already collectively acted and the Board had not followed that action? Or would individual members always be allowed to pursue actions in their own right, even where others in the community might not agree? As discussed yesterday on the CCWG call, this is an area where we may need to modify the Stress Test document, and I was not able to get insight into this question on our legal sub team call today. Thanks, Sam _______________________________________________ Ccwg-accountability5 mailing list Ccwg-accountability5@icann.org<mailto:Ccwg-accountability5@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-accountability5 _______________________________________________ Ccwg-accountability5 mailing list Ccwg-accountability5@icann.org<mailto:Ccwg-accountability5@icann.org> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
participants (7)
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Dr Eberhard Lisse -
Dr Eberhard W Lisse
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James Gannon -
León Felipe Sánchez Ambía -
Robin Gross -
Roelof Meijer -
Samantha Eisner