[governance] need for a host country agreement?

[Milton Mueller]

Jeanette:
California law did not "prevent" making ICANN into a membership
organization, ICANN's management did. The management feared being made
accountable to members via derivative lawsuits. To be sure, there were
some legitimate budgetary concerns, but those could have been dealt
with.

>>> Jeanette Hofmann <jeanette at wz-berlin.de> 09/28/05 3:59 AM >>>
Bret, I remember unpleasant side-effects of Californian law:

http://www.icann.org/santiago/membership-analysis.htm 

It took me a long time to understand what a derivative lawsuit actually

is. From a non american point of view it seemed bizarre that it 
prevented a membership organization in ICANN.

best, jeanette

Bret Fausett wrote:
> In calling for an adequate host country agreement for ICANN, please
keep 
> in mind that California law provides a number of protections for 
> Directors, corporation members and the public in general that are in
the 
> interests of both civil society and Internet users. To the extent
that 
> the "host country agreement" is intended to provide privileges and 
> immunities to ICANN from local law, remember the Auerbach v. ICANN 
> lawsuit, backed by EFF, which ensured that a single Director was 
> entitled to review the corporation's records against a claim by the 
> President, General Counsel and a majority of the Directors that the 
> records were private. That unfettered right to review ICANN's
corporate 
> records was guaranteed by California law. This is just one among many

> important provisions of California law that might be lost by
insulating 
> ICANN from local law. A host country agreement might make ICANN more

> international, but it also could have the unpleasant side effect of 
> making ICANN more closed and less transparent.
> 
>              Bret Fausett
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> governance at lists.cpsr.org 
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