Thanks for the clarification Robin. Then am I right saying that besides the
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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