IANAL (I Am Not A Lawyer), but my understanding of JJ’s answer is that the Empowered Community has the right to see only the documents that are already public, like the Board decisions, but not the discussion preceding the decision.

This is another heavy hit at the multi-stakeholder model and its governance because at the same time this documentation has been requested by the CA-AG, and in this case there will be no way for ICANN to oppose or deny the request.

I think that this unfortunate sale is bringing to light some of the pitfalls of the current system. Will we be able to find and apply a remedy, or will we accept this as an unchangeable status quo?

The irony is that we have spent years of heavy work by the whole community to free ICANN up from the ties with US government and replace this supervision by a multi-stakeholder body just to find out that the only body that can force disclosure by ICANN about discussions hidden from the community is a US court.

Sad, very sad.

Cheers,

Roberto

On 05.02.2020, at 19:30, Maureen Hilyard <maureen.hilyard@gmail.com> wrote:

Just received FYI

Response to ASO from ICANN Legal

---------- Forwarded message ---------
From: Peg Rettino <peg.rettino@icann.org>
Date: Wed, 5 Feb 2020, 8:05 AM
Subject: [ECAdmin] Correspondence
To: ecadmin@icann.org <ecadmin@icann.org>

Greetings,

The attached is sent on behalf of John Jeffrey.

Best,
Peg

--
Peg Rettino
Project Specialist & Executive Assistant to John Jeffrey
General Counsel and Secretary
ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
peg.rettino@icann.org
Slack: peg.rettino
Direct: 310-301-3868

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<ICANN Response to ASO Inspection Request_4feb20.pdf>_______________________________________________
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