Re: [soac-mapo] Draft recommendation on using a DRSP
I think it is important to remember that as long as ICANN is a California nonprofit corporation, the ICANN Board of Directors may not abdicate its responsibility to take decisions it believes are right for the organization. This means California law forbids the board of directors from accepting a decision of an independent panel if the board believes it would harm the organization to do so. We have to craft a recommendation that does not ask the board to violate the law (for example "board must accept decision of panel"). So I agree with Philip's formulation below. And I would add that applicants have a right of an appeal of a board decision to a court of law. Thanks, Robin On Sep 8, 2010, at 7:22 AM, Philip Sheppard wrote: As requested: Draft recommendation ###There should be a DRSP charged with making a recommendation on an objection.The DRSP should be appointed by the Board.As in all other areas of ICANN policy the Board will ultimately decide whether to adopt or reject the recommendation of the DRSP.Philip IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San Francisco, CA 94117 USA p: +1-415-553-6261 f: +1-415-462-6451 w: http://www.ipjustice.org e: robin@xxxxxxxxxxxxx
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