ALAN , sorry to use other colleagues response to respond to you, but as I have said some times before, I do not receive you message when it is coming from ICANN lists; Not new problem, I know, but never really solved. But let¹s go to my feedback: Q1 - Do you believe that failing anything else, we must have the ability to remove parts of or all of the Board? A - I believe yes. Even we expect not use it, the possibility to have higher court to appeal is relevant. Q2 - With the exception of Board member removal, do we need legal enforceability of can we rely on good faith (and Board member removal if you supported that). A - I believe on good faith or if we need enforcement, it will never really work. Q3 - If the final CCWG proposal calls for full legal enforceability, is that sufficient reason for the ALAC to not ratify it? A - no, as I respond on question 2 above, if we need enforcement nothing will be working and whatever is written will never work either, hence I see no reason to create a difficulty due to this issue. Vanda Scartezini Polo Consultores Associados Av. Paulista 1159, cj 1004 01311-200- Sao Paulo, SP, Brazil Land Line: +55 11 3266.6253 Mobile: + 55 11 98181.1464 Sorry for any typos. On 5/31/15, 6:05, "Olivier MJ Crepin-Leblond" <ocl@gih.com> wrote:
On 31/05/2015 04:04, Alan Greenberg wrote:
1. Do you believe that failing anything else, we must have the ability to remove parts of or all of the Board?
Yes - this is something which has been discussed since the beginning of the discussions on Stewardship Transition & ICANN Accountability. I think this is really important.
2. With the exception of Board member removal, do we need legal enforceability of can we rely on good faith (and Board member removal if you supported that).
Good faith. Legal Enforceability is a Red Herring that will not serve any of the SOs and ACs - because when you threaten to sue an organisation, you better have the adequate funding to sue that organisation. Hence where would the money from come for the ALAC to sue?
3. If the final CCWG proposal calls for full legal enforceability, is that sufficient reason for the ALAC to not ratify it?
No. I see no particular harm in a call for something that will, in practice, likely neither work, nor ever be used. If we reach the need for legal enforceability, it means ICANN really is in trouble. If we ever crossed that bridge, I'd recommend that ALAC and its RALOs walk away & find another home.
Kindest regards,
Olivier
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