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Cross Community Working Group on Enhancing ICANN Accountability (view source)
Revision as of 21:36, 10 August 2021
, 2 years ago→Revised Model for the Empowered Community
====Revised Model for the Empowered Community====
====Revised Model for the Empowered Community====
In its deliberations around the EC model, Work Party 1 devised another membership-based structural change to ICANN's organization and bylaws.
In its deliberations around the EC model, Work Party 1 devised another membership-based structural change to ICANN's organization and bylaws. In the new reference model, the empowered community would be represented by a single entity (the "Community Mechanism") that was a member of ICANN org. ICANN's bylaws would be amended to allow for members, and to describe and define the Community Mechanism's powers and processes.<ref name="ws1draft2" /> As the draft proposal explains:
<blockquote>As required by law, the Sole Member in the Community Mechanism as Sole Member Model would be a legal person created through the ICANN Bylaws as an unincorporated association. The Community Mechanism as Sole Member Model would rely on direct participation by SOs and ACs in this sole member for exercise of community powers but would not require any of them to have legal personhood. The Sole Member would have no officers or directors and no assets.<br />
ICANN’s SOs and ACs would participate in this Sole Member. Participating in the Sole Member would allow the participating SOs and ACs, as a group, to provide instructions to the Sole Member to use its member powers to exercise the community powers only as directed by the SOs and ACs (for example, to approve change to the Fundamental Bylaws). Participating SOs and ACs would not meet as the Member, and no representatives would cast votes. The directions for voting would come from the SOs and ACs themselves. No SO or AC, or any individual, has to 'join' ICANN or the Sole Member in order to exercise their rights, and no new legal obligations arise for any stakeholder.<ref name="ws1draft2" /></blockquote>
This model was adopted after deliberation and discussion of three different options: an "empowered SO/AC" membership model, which modified the first draft's membership model to allow direct participation of SOs and ACs in the exercise of community powers, but which would not require SOs and ACs to incorporate or use some other means of obtaining legal status as entities; the "designator" model proposed by outside counsel (described above); and the Community Mechanism as Sole Member model. The Community Mechanism was selected as the new reference mechanism because it ensured that the community's powers would have a statutory basis for enforcement, while avoiding some of the complications intrinsic to the initial draft's membership model.<ref name="ws1draft2" />
==References==
==References==
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