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The Amendment Process Is Subject To Amendment
- To: comments-base-agreement-05feb13@xxxxxxxxx
- Subject: The Amendment Process Is Subject To Amendment
- From: "John Berryhill, Ph.d., Esq." <john@xxxxxxxxxxxxxxxxx>
- Date: Thu, 28 Feb 2013 12:44:49 -0500
While Verisign and others have characterized Section 7.6 as providing
ICANN with a unilateral power of amendment, it is additionally worth
noting that the definition of Restricted Amendments does not include
amendments to Section 7.6 itself.
Hence, anyone concerned that the proposed agreement would essentially
provide ICANN with a unilateral power of amendment subject to a
supermajority Board vote, should also take into consideration that there
need only ever be a single such vote to amend the amendment power itself
to any future criteria on which 2/3 of the Board agree.
In other words, if you don't like giving 2/3 of the Board the power to
unilaterally amend the contract, you'll like it even less after 2/3 of
the Board votes to make it a simple majority thenceforth.
--
John Berryhill, Ph.d. Esq.
204 East Chester Pike
First Floor, Suite 4
Ridley Park, PA 19078
+1.610.565.5601
+1.267.386.8115 fax
john@xxxxxxxxxxxxxxxxx
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