[Ncsg-acct] update on accountability work

[Edward Morris]

Hi Sam,

The CCWG has retained two law firms, accountable to it and not ICANN corporate, that are working on clarifying the various options available to us as we turn ICANN into a truly accountable organization we can all be proud of. I assure you that those of us working on the CCWG are truly committed to providing all members of the community with as much information as possible going forward,  so that the important deliberations during the public comment period(s) will be informed by a variety of perspectives rooted in applicable statutory law. 

Those interested in our work to date are encouraged to  access the archives of all the CCWG  working groups, subgroups and sub-subgroups at https://community.icann.org/m/mobile.action#page/50823985. I should also note it's never too late to sign up to join the CCWG and actively help construct a new and, hopefully, more accountable and transparent  ICANN. Joining instructions can be found here: https://community.icann.org/m/mobile.action#page/49348770. I'd love to see more folks participating as we go forward and would be happy to help anyone who would like to get involved.

Thanks,

Ed

Sent from my iPad

> On Apr 9, 2015, at 3:23 PM, Sam Lanfranco <lanfran at YORKU.CA> wrote:
> 
> I would like to make one comment on the following part of Robin's posting [ emphasis added] where it says : 
> 
> Probably 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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