Bret and all, I and I am very sure most users and registrants are more interested in what is "Best for ICANN" than what is simply "Good for ICANN" given that ICANN is a service Corporation 501 c(3) California corporation with a defined and distinct duty to the community it serves which are the users and registrant-users. Registries and Registrars are a part of the service ICANN is required to provide accordingly. Further it is the users that ultimately PAY for the service ICANN is supposed to and required to provide. So frankly yet again, I don't believe that ICANN is even adaquately providing the service it is required to provide despite the good to execellent advise it has long now been provided to do so. -----Original Message-----

From: Bret Fausett <bfausett@internet.law.pro> Sent: Jun 20, 2008 8:48 AM To: NA Discuss <na-discuss@atlarge-lists.icann.org> Subject: Re: [NA-Discuss] ALAC Review Draft is published

On Jun 20, 2008, at 7:54 AM, Evan Leibovitch wrote:

...

The NomComm, like the people it selects, are accountable to nothing but an abstract notion of what is "good for ICANN".

This is, in fact, the very guide that everyone uses when assuming an official role within an organization, profit or non-profit. Officers and Directors have a fiduciary obligation to act in the best interests of the corporation.

I suppose I'm having difficulty understanding what different accountability mechanism you are recommending, because from my perspective, everyone in an official ICANN position, from your position as NARALO Chair all the way to the CEO and Chairman of the Board, has an obligation to act for the "good of ICANN." That obligation necessarily trumps any other obligation to any other body, including one's employer, constituency, or ALS.

That said, we can, and should in a healthy ICANN, have differing views about what is "good for ICANN."

Bret

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