[Ncsg-acct] update on accountability work

[Sam Lanfranco]

I would like to make one comment on the following part of Robin's 
posting [ *emphasis added*] where it says :

P/robably the thorniest of the WS1 issues is the "community empowerment" 
goal.  The various proposals for this goal include turning ICANN into a 
//*membership organization*//, tweeking its existing status by 
empowering the SO/ACs through bylaws revisions, a proposal for a 
"community veto" on key board decisions, creation of a "community 
council" or a permanent CCWG on accountability, etc.  These are big 
complex issues and we will need to make a recommendation that goes out 
for public comment on 20 April.   I believe Rafik is in the process of 
organizing an NCSG webinar on this subject and we can also discuss the 
issue on Tuesday's NCSG monthly call./

For organizations such as ICANN there is a big difference between being 
a "membership organization" and what ICANN is now, a more-or-less 
member/constituency supported organization. A move toward "turning ICANN 
into a membership organization" involves more than just "tweeking its 
existing status". My strong advice is that ICANN not only have legal 
advice on these issues (which I am sure it has) but that documents be 
available to the stakeholder communities early (before Buenos Aires) so 
that discussion is informed by the legal requirements involved in a 
possible membership organization option.

Let me draw on one aspect of recent Canadian experience which is 
relevant here because Canada, along with other countries, has signed on 
to binding international agreements with regard to how registered and 
incorporated non-profit membership organizations are structured and how 
they are governed. The organization I represent on NPOC, The Canadian 
Society for International Health, and the ISOC Canada chapter, where I 
am on the Board, are now both required, by law, to have only Canadian 
citizens as members of the board, all elected by membership, and both 
now face much more detailed and onerous internal governance and 
reporting requirements.

What would be useful, for ongoing discussion around accountability and 
for face-to-face discussion in Buenos Aires, would be some clear legal 
advice around the organizational governance requirements, including the 
election of the board, of moving to a formal membership organization, 
and the alternative of strengthening the role of the mulstistakeholder 
community within an ICANN that remains as a member/stakeholder supported 
(or engaged) organization. The discussion of the strengths and 
weaknesses of various options needs to take place within the context of 
applicable law, and not just on the merits of the options apart from 
context.

Sam L.


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