[governance] need for a host country agreement?

[Bret Fausett]

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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