Re. Proposed comments on BGC Changes

[Sam Lanfranco]

Ed, et. al.,

I may have this completely backward (as per my comments on google docs) 
but I thought (may be wrong) that it made sense to give the Board the 
latitude to direct committees (existing or ad hoc?) to tend to 
particular Board business while keeping the Accountability out of those 
tasks, so it can function as a watchdog committee. The way it now reads 
(even with the existing suggested wording change) the Accountability 
Committee is asking to also be a sled dog (doing the work pulling the 
load) which (again, am I wrong here) compromise its integrity as the 
Accountability Committee.

Caught between a fog, and (literally) rising lake waters here.

Sam

On 5/5/2017 4:14 PM, Edward Morris wrote:
> As is usually the case on actual policy, I’m in complete agreement 
> with Milton here.  I don’t agree with this comment.
>
> One of the problems I see throughout ICANN, including within our 
> groups, is the willingness to ignore rules and proscriptions when as a 
> practical matter it might make sense in a narrow way to do so. This 
> leads to the rules themselves being mere suggestions, the rule of law 
> giving way to the rule of man.
>
> ICANN is still a pretty fragile institution. Yet we see in this 
> proposal and also, I would argue, in the proposal to allow the CCNSO 
> to delay their accountability review, initial attempts to bypass the 
> requirements set up in the new Bylaws designed for increased 
> accountability. Taken individually each one might make some sense. 
> Collectively, though, if we keep suggesting that “heck, we’ll bypass 
> it here, change it here, give a ‘get out of jail’ card here” the 
> entire accountability framework could be jeopardized.
>
> I’m sure if we could do it over again, we would draft the 
> Reconsideration portion of the Bylaws a bit differently. I know as I 
> work on the CEP, flexibility is the principle I’m hoping our subgroup 
> and the CCWG will bake into the final product. The thing is, in the 
> case of Reconsideration we didn’t. As a result, the Board needs to 
> jump through the hoops and yell at the proper time, per the Bylaws, to 
> get this done. It’s not so much about the proposal, per se, as the 
> precedent set by not making them do so. It would be abad one.
>
> Ed


-- 
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"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
  邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  https://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

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