Thanks for the clarification Robin. Then am I right saying that besides the
BoD under the law the organization is not accountable to its constituents ?
Regards
Jorge
On Sat, Oct 3, 2009 at 5:39 PM, Robin Gross <[log in to unmask]> wrote:
> On Oct 3, 2009, at 7:21 AM, Jorge Amodio wrote:
>
> [...]
> I'm not an attorney so correct me if I'm wrong. As far as I know being ICANN
> a non-profit CA corp with no institutional "members", legally besides to the
> Attorney General, ICANN still is accountable to ... nobody ?
> [...]
>
> Technically, ICANN is a California not-for-profit corporation so it is
> primarily accountable to its corporate board of directors. Under the law,
> the buck stops with them because they have a fiduciary obligation to make
> informed decisions that serve the public interest. If they fail, one could
> appeal to the California Attorney General's Office who over-sees California
> nonprofits. One could also complain to the US Federal government because of
> ICANN's 501(c)(3) tax status it must be meet certain standards of
> accountability and public benefit. And ICANN can be sued in legal courts,
> most easily in California, just like any other nonprofit corporation for
> breach of its legal obligations.
> Robin
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA 94117 USA
> p: +1-415-553-6261 f: +1-415-462-6451
> w: http://www.ipjustice.org e: [log in to unmask]
>
>
>
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