Re: [ifwp] Re: DNSO documents

Michael Sondow (msondow@iciiu.org)
Mon, 21 Dec 1998 23:24:02 -0500


John B. Reynolds a écrit:
>
> Michael Sondow wrote:
> >
> > And there will be consequences as regards the respective memberships. A
> > legally separated DNSO will not have the same membership as the ICANN.
> > That's how it will work out.
> >
>
> Section 9 of ICANN's press release makes it clear that the SO's are to be
> legally separate from ICANN. It is therefore pretty much a given that
> ICANN's membership will not be the same as the DNSO's (although there will
> likely be significant overlap). If the two memberships were the same, there
> would be no reason for separate SO's, the DNSO would be ICANN.

That is the way the White Paper and ICANN's own bylaws define them: the ICANN
is MADE UP of the SOs, together with a general membership. They are NOT
intended to be separate. This is a trick that's being played on us. They can't
get away with changing their own bylaws and going against the White Paper by
issuing a press release. It won't wash.

> This also impacts the incorporation question. ICANN has now made it clear
> that "ICANN's liability insurance and other corporate resources will not be
> available to Supporting Organizations."

So the SOs must contribute to the finances of ICANN, helping to create its
corporate resources, but ICANN won't protect the SOs? Have you ever heard of
such a one-sided arrangement?

> The SO's options are either to
> incorporate or to remain unincorporated associations without legal
> protection for their members. IANAL, but the choice looks obvious to me.

We are being given no choice. We are being told that the ICANN has decided to
exploit the SOs for its own purposes - getting policy from them but retaining
all decision-making authority for itself and leaving the SOs to be sued without
financial support from ICANN while ICANN takes money from them. Would you agree
to
something like that? What's in it for the SOs? Who's going to join an
organization
that is going to be held legally responsible for the decisions made by another
organization that it has no control over?