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Re: Re: Re: The ICANN Independent Review Process: complete the trial before modifying it
by
Thierry Moreau
The key point is that this AoC language is a direct reference to external ICANN board accountability. Your paper "ICANN Inc, Accountability and participation in the governance of critical Internet resources" is clear about the accountability modes, and is a recommended reading in this context.
Having a direct reference to external accountability in the AoC tells stakeholders two things:
a) stakeholders should expect some external accountability mechanism to be available,
b) the substantive AoC provisions becomes the rules applicable by the adjudicators in the (more or less elusive) accountability mechanism.
This has to be kept in mind when significant issues are dealt by the ICANN board. For instance, enforceability of price regulation could depend on this external accountability to the extent the Antitrust division of the US department of justice looses its voice as a direct accountability stakeholder. Is ICANN free from USG control in this regard with the AoC?
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