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Subject:
From:
Robin Gross <[log in to unmask]>
Reply To:
Robin Gross <[log in to unmask]>
Date:
Sat, 3 Oct 2009 15:39:58 -0700
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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
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p: +1-415-553-6261    f: +1-415-462-6451
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