Nomcom as a UA - legal question
Hi, I am confused as to how this works. Please forgive my questions. This has less to do with the proposal I made then with trying to understand the nature of a UA. I had not realized until yesterday that the membership model was as popular as it has been defined to be. I had also not realized that we were down to membership or designator model as our only choices until today. What qualifies the Nomcom as an association? It can't be the people, as there is no continuity, except among the staff. and some overlap in chairs as last year's chair, this years' chair and next year's possible chair, sit togehter each year. I guess that is a bit of natural person continuity. Is that chair thread significant? Or is that it is always formed according to same bylaw, even if all of the people are different, that is a qualifying mark? Is being a differnt instantiation of the same process sufficient to define a UA, even if there is no continuity of natural persons? thanks avrl Note: I would have sent this to the legal list, but i never managed to get subscribed that one as far as I can tell. --- This email has been checked for viruses by Avast antivirus software. http://www.avast.com
Avri, I am forwarding your question to the Legal Sub Team list. Greg On Fri, Apr 24, 2015 at 6:51 PM, Avri Doria <avri@acm.org> wrote:
Hi,
I am confused as to how this works. Please forgive my questions. This has less to do with the proposal I made then with trying to understand the nature of a UA. I had not realized until yesterday that the membership model was as popular as it has been defined to be. I had also not realized that we were down to membership or designator model as our only choices until today.
What qualifies the Nomcom as an association? It can't be the people, as there is no continuity, except among the staff. and some overlap in chairs as last year's chair, this years' chair and next year's possible chair, sit togehter each year. I guess that is a bit of natural person continuity. Is that chair thread significant?
Or is that it is always formed according to same bylaw, even if all of the people are different, that is a qualifying mark? Is being a differnt instantiation of the same process sufficient to define a UA, even if there is no continuity of natural persons?
thanks
avrl
Note: I would have sent this to the legal list, but i never managed to get subscribed that one as far as I can tell.
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The legal team specifically put a question mark over Nomcom as well as a note about it. I strongly believe that now is the time to pull out the Nomcom from ICANN. It is an anachronism that was created to deal with an issue in a previous incarnation. There is no good reason to continue to write it into ICANN's makeup. Kieren - [sent through phone] On Fri, Apr 24, 2015 at 3:51 PM, Avri Doria <avri@acm.org> wrote:
Hi, I am confused as to how this works. Please forgive my questions. This has less to do with the proposal I made then with trying to understand the nature of a UA. I had not realized until yesterday that the membership model was as popular as it has been defined to be. I had also not realized that we were down to membership or designator model as our only choices until today. What qualifies the Nomcom as an association? It can't be the people, as there is no continuity, except among the staff. and some overlap in chairs as last year's chair, this years' chair and next year's possible chair, sit togehter each year. I guess that is a bit of natural person continuity. Is that chair thread significant? Or is that it is always formed according to same bylaw, even if all of the people are different, that is a qualifying mark? Is being a differnt instantiation of the same process sufficient to define a UA, even if there is no continuity of natural persons? thanks avrl Note: I would have sent this to the legal list, but i never managed to get subscribed that one as far as I can tell. --- This email has been checked for viruses by Avast antivirus software. http://www.avast.com
Dear All Nom Com became a puzzle and perhaps mystery. We need to seriously think how to overcome all problem that Were discussed for hours without a convincing solution Kavouss Sent from my iPhone
On 25 Apr 2015, at 01:48, Kieren McCarthy <kierenmccarthy@gmail.com> wrote:
The legal team specifically put a question mark over Nomcom as well as a note about it.
I strongly believe that now is the time to pull out the Nomcom from ICANN. It is an anachronism that was created to deal with an issue in a previous incarnation.
There is no good reason to continue to write it into ICANN's makeup.
Kieren
- [sent through phone]
On Fri, Apr 24, 2015 at 3:51 PM, Avri Doria <avri@acm.org> wrote: Hi,
I am confused as to how this works. Please forgive my questions. This has less to do with the proposal I made then with trying to understand the nature of a UA. I had not realized until yesterday that the membership model was as popular as it has been defined to be. I had also not realized that we were down to membership or designator model as our only choices until today.
What qualifies the Nomcom as an association? It can't be the people, as there is no continuity, except among the staff. and some overlap in chairs as last year's chair, this years' chair and next year's possible chair, sit togehter each year. I guess that is a bit of natural person continuity. Is that chair thread significant?
Or is that it is always formed according to same bylaw, even if all of the people are different, that is a qualifying mark? Is being a differnt instantiation of the same process sufficient to define a UA, even if there is no continuity of natural persons?
thanks
avrl
Note: I would have sent this to the legal list, but i never managed to get subscribed that one as far as I can tell.
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participants (4)
-
Avri Doria -
Greg Shatan -
Kavouss Arasteh -
Kieren McCarthy