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2. Mechanisms to restrict actions of the board and management of the ICANN corporation.   Most of these are initially designated as WS2, since the Members could reverse board or management decisions if Members are empowered in WS1 (above).

Require supermajority for Board to approve action despite advice to the contrary from ACs or significant subsets of SOs. Izumi believes this will take time, so should be in WS2

ISPCP, ITIC, Izumi

WS1

Ensure that the ICANN Board can be held to its Bylaws, with effective remedy if breach found by independent adjudicator [Alt: found by the community].

Malcolm Hutty, Seun Ojedeji

WS1

Prevent ICANN Board redefining mission/scope in Bylaws without community consensus

Malcolm Hutty

WS2WS1

Ensure ICANN Board does not act "ultra vires", and stays within assigned mission and scope. e.g., prevent scope creep in policies imposed via RAA.

Malcolm Hutty, BC, TPI

WS2WS1

Prohibit ICANN from entering agreements that impose obligations unrelated to DNS management

Heritage

WS2

Require supermajority board vote and 2/3 community vote to change ICANN not-for-profit status or change ICANN’s state of incorporation

USCIB, Verizon, SIIA [opposition noted]

WS2

Before leaving California, ICANN must show benefits exceed costs

SIIA, USCIB

WS2

Broadly expand grounds on which ICANN decisions and operations can be challenged; lower threshold to succeed in a challenge

Spain, Heritage

WS2

3. Mechanisms to prescribe actions of the ICANN corporation. Most of these are initially designated as WS2, since the Members could reverse board or management decisions if Members are empowered in WS1 (above).  For example, a bottom-up consensus process to change ICANN bylaws might be rejected by ICANN board, but the Members could then reverse that decision and force the change.

Require a defined notion of consensus for any GAC advice that would need to be given deference by the ICANN board.  Izumi believes this will take time, so should be in WS2

Heritage, Izumi,

BC Stress Test #6

WS1

Let local courts hear complaints on free expression, security, and privacy

NCSG [opposition noted]

WS2

Establish an independent inspector general for ICANN

SIIA

WS2

Commit the ICANN organization to maintain freedom of expression

Heritage, NCSG

WS2

Require registry and registrar agreements be equitable and non-discriminatory

ITIC, Heritage

WS1

Require supermajority of board to [increase] change registry or registrar fees [Members could reverse]

Heritage

WS1

Create channels for inquiry/complaint/suggestions

Internet Society of China

WS2

Recall mechanism for any board member selected by an AC/SO

Avri Doria

WS2

Recall mechanism for SO Council and ALAC member selected by NomCom

Avri Doria

WS2

ICANN to engage with all governments as equal community stakeholders

Fiona Asonga

WS2

Allow GAC to select 2-4 voting ICANN board members

Spain [opposition noted]

WS2

Give Ombudsman ability to refer a matter to external body

NCSG [opposition noted]

WS2

Change bylaws to establish term limits for ICANN senior officers

Heritage

WS2

Change bylaws to require that ICANN remain subject to US Law.  Izumi notes this should be WS2

Heritage [opposition noted]

WS1

Explore incorporation as international org under international law

NRO [opposition noted]

WS2

Limit ICANN executive function to implementation of policies

ITIC, Siva

WS1