<div dir="ltr">> <span style="font-family:arial,sans-serif;font-size:12.8000001907349px">You and I have both been on the inside of ICANN and are familiar with the foibles of institutionalization...</span><div><span style="font-family:arial,sans-serif;font-size:12.8000001907349px"><br>
</span></div><div><span style="font-family:arial,sans-serif;font-size:12.8000001907349px">> </span><span style="font-family:arial,sans-serif;font-size:12.8000001907349px">Unfortunately, the “best interests of ICANN” creates a presumption in the minds of some that there is a distinction between corporate self-aggrandizement, and pursuit of the organizational mission.</span><span style="font-family:arial,sans-serif;font-size:12.8000001907349px"> </span></div>
<div><span style="font-family:arial,sans-serif;font-size:12.8000001907349px"><br></span></div><div><span style="font-family:arial,sans-serif;font-size:12.8000001907349px"><br></span></div><div><font face="arial, sans-serif">Yes, indeed.</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">Now, you could argue that a change to the bylaws that incorporated the words "public interest" in the boilerplate wording could help resolve this particular issue. </font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">But then those words are already all over the ICANN bylaws and the only real discussion that is had about "public interest" is that it is, supposedly, impossible to define. </font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">This meta conversation appears to preclude actual serious consideration of public interest in key decisions, or, at least the raising of public interest considerations above the more narrow "self-aggrandizement" that you identify, Mike.</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">But back to the three examples I gave - of which bylaws and "California law" was just one. I picked those three for a reason (there are many others).</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">This one - the first - was an indicator of culture/pressure brought to bear internally.</font></div><div><font face="arial, sans-serif"><br>
</font></div><div><font face="arial, sans-serif">The other two were: digital archery, and rejection of an external body that could force the Board to change a decision found not to be in accordance with its bylaws.</font></div>
<div><font face="arial, sans-serif"><br></font></div><div>The digital archery one demonstrated how "California law" was the main driver behind a very bad yet very important implementation for how new gTLDs would be introduced. </div>
<div><br></div><div>The community and Board were seemingly unable to prevent a really bad idea from being implemented because of a legal (and ultimately worthless) concern. The idea was actually implemented remember - but was so flawed that it had to be ditched. California law and its internal interpretation trumped everything, even commonsense.</div>
<div><br></div><div>The third example is critical because it demonstrates how, even when there was a lengthy community process that reached a conclusion, that conclusion was thrown out because of an internal interpretation of California law. </div>
<div><br></div><div>There was no real effort to find a way to introduce what the community wanted. Lawyers didn't sit around figuring out how to make it work - they just ditched the whole idea. And then subsequent questions about what was being instead were simply stonewalled until everyone gave up because there was yet another discussion about what changes needed to be made.</div>
<div><br></div><div>If that doesn't concern people who about to embark on yet another accountability effort then I don't know what will.</div><div><br></div><div>What's to stop history repeating itself? Again.</div>
<div><br></div><div><br></div><div>Kieren</div><div><br></div><div><br></div><div><span style="font-family:arial,sans-serif;font-size:12.8000001907349px"><br></span></div><div class="gmail_extra"><div class="gmail_quote">
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