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 <<mailto:alice.jansen@icann.org>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

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