Ellen and all,
Good suggestion and a practice I have used for some time now.
Unfortunately they (The ICANN Board) is not very responsive.
I would also suggest that you copy Becky Burr, Elliot Maxwell
and Andrew Pincus of DOC/NTIA as well.
Ellen Rony wrote:
> Send these questions immediately to Louis Touton, counsel for ICANN, with
> copies to every member of the ICANN board. Ask for a reply by July 10.
>
> Karl Auerbach wrote:
>
> >As a possible candidate for the ICANN at-large board election, I've been
> >looking at the liability exposure of a Director and the protections
> >offered by California law.
> >
> >The legal liability is potentially extremely large.
> >
> >And the protections are potentially of more form than substance. The
> >California statutes that purport to protect Directors from liability in a
> >non-profit are a Swiss cheese of conditions and exceptions. And these
> >exceptions are triggered by the existance or non-existance of many things.
> >
> >It turns out that a potential candidate can not make an evaluation of the
> >potential risk because ICANN has not revealed certain critical facts.
> >
> >For a person to make an informed decision about running for Director,
> >several questions need to be answered. Among those questions are the
> >following:
> >
> > - Is ICANN presently an IRS 501(c) corporation? If so, then under
> > which subsection of 501(c)?
> >
> > [Certain procedural protections of Director liability hinge on whether
> > the non-profit is a 501(c) and which subsection of 501(c). It is
> > interesting in that the most likely category for ICANN, 501(c)(3),
> > causes some procedural protection to vanish.]
> >
> > [By-the-way, if ICANN is an IRS 501(c) then where is ICANN's IRS 1023
> > posted? It is a public document that the corporation is required to
> > make available subject to a $20/day accruing penalty.]
> >
> > - Does ICANN have a million dollars or more in General Liability
> > insurance?
> >
> > [Certain statutory liabilty protections are contingent on the
> > corporation holding at least that much general liability insurance.]
> >
> > - Does ICANN have a "reasonable" degree of liability protection against
> > the reasonably foreseeable risks?
> >
> > [Certain statutory liability protections are contingent on the
> > corporation holding insurance that is adequate to protect the public,
> > the exact amounts or means to measure adequacy are not specified by
> > the statutes.]
> >
> > - Does ICANN have an operative Directors Liability insurance policy? If
> > so, then it is important for the potential directors to obtain it as
> > the exact language is critical - general statements that "we have a
> > policy" are essentially useless given the wide variation in coverage
> > afforded by such policies.
> >
> > - What is ICANN's policy regarding payments to Directors? [The statutes
> > often strip all liability protections if there is any form of
> > compensation beyond strict reimbursement for expenses.]
> >
> > --karl--
>
> -.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-
> Ellen Rony // http://www.domainhandbook.com
> Co-author *=" ____ / [EMAIL PROTECTED]
> The Domain Name Handbook \ ) +1 415.435.5010
> // \\ "Carpe canine"
>
> The more people I meet, the more I like my dog.
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
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