[governance] ICANN Accountability blog series

[Karl Auerbach]

On 02/02/2016 10:31 PM, Aarti Bhavana wrote:

> The Centre for Communication Governance (CCG) has started a blog series
> on the recent developments in the ICANN Accountability process that is
> crucial to the IANA Transition

With regard to the initial blog item on the matter of inspection rights.

Having had a rather intense experience exercising this right when I was 
on ICANN's board of directors I am surprised at the absence of some 
quite important matters.

First there is the question of what the person/body making the 
inspection can do with the information viewed.  Board members have 
powers regarding the inspected materials that are limited primarily by 
their fiduciary duties.  This is an important matter.

Second, there is much about corporate behaviour that is not documentary 
- for example, it is important that whether and how an organization 
actually practices what it has written.

Third, there is much that requires considerable analysis.  For financial 
data this tends to mean that data be available in electronic form so 
that it maybe examined and analysed with electronic tools.  Simple 
eyeball access is inadequate.

Fourth is the ability to bring in third party experts (such as forensic 
accountants, economists, and lawyers) to analyze the data.  And with 
regard to third parties is the question of who controls maters of 
confidentiality and who has the authority over that third party.

Fifth is the question of retention of the materials that have been 
inspected.

Sixth is the question of costs.  None of this stuff is without cost. 
Who pays?

As a an attorney in California, particularly one who has been on ICANN's 
board and one who has exercised these powers of inspection I am not at 
all confident that these measures are consistent with the California law 
that governs public-benefit/non-profit corporations.

	--karl--





-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t