On 21/04/2015 08:34, León Felipe Sánchez Ambía wrote:

Dear all,

I am forwarding the document prepared by Counsel on WP2 templates.

Thank you. Reading this document, I wonder how well Counsel have understood the issues WP2 is seeking to address with its proposals. Counsel states: "The risk that the board would reject even advisory IRP decisions can be minimized through other accountability mechanisms. The threat of board recall is present in either member or designator models. Indeed, the board would have strong incentives not to lightly reject decisions of the IRP, just as members/designators would have strong incentives not to lightly recall the board." and later "Nevertheless, the ability to recall the board would indirectly provide great incentives for IRP decisions to be honored and ratified." This betrays a clear failure to understand that IRP as proposed is being provided not only for the benefit of ICANN community structures - which participate in the decision to recall the Board - but also for the benefit of individual entities and third parties, who may not. In the case of an IRP challenge where an individual company claimed that ICANN had breached its bylaws or was acting beyond its authorised scope, it is entirely plausible that the ICANN community structures would be cheering the Board on: indeed, the Board's alleged transgression may well have come about as a direct result of community consensus policy. We are proposing a binding IRP to control ICANN; not only to protect the community from the Board, but also to protect individual entities from inappropriate behaviour by the ICANN community. In such circumstances, the affected individual entity can have little hope that the community would sack the Board for refusing to reverse a decision that the community structures instigated and support. Counsel's advice demonstrates that they have not understood this important part of our objectives, which rather undermines the credibility of their suggestions as to what may be satisfactory or sufficient. 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 21-27 St Thomas Street, London SE1 9RY Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA