I don't disagree.  It does underscore the importance of getting good and engaged board members at ICANN.  Especially those board members that the GNSO selects, we should be more involved in their selection.

Best,
Robin


On Oct 3, 2009, at 9:01 PM, Milton L Mueller wrote:

Yes, Robin, when people like me say that ICANN isn't accountable to anyone we know that the Board has ultimate decision making power but the issue is to whom are THEY accountable? 

A corporate board is accountable to the shareholders. 

Most Cal. Non Profit Public Benefits are accountable to a membership. 

ICANN has no members. 

-----Original Message-----
From: Non-Commercial User Constituency [mailto:NCUC-
[log in to unmask]] On Behalf Of Jorge Amodio
Sent: Saturday, October 03, 2009 7:39 PM
To: [log in to unmask]
Subject: Re: [NCUC-DISCUSS] OReilly Media on "ICANN without restraints:
the difficulties of coordinating stakeholders"

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

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Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
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IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
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