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AT LARGE Q&A TOPICS
 
Topic: Statutory Member or a Nonstatutory Member
Date: 2000-09-23 08:28:58
Author: Fred Harrison <fredharr@earthlink.net>

Question: I am a new at-large member. In your opinion, am I (according to ICANN) a Statutory Member or a Nonstatutory Member?

Nominee Replies
Lyman Chapin - posted on 2000-09-26 11:34:29
This is actually two questions. According to ICANN, you are a non-statutory member; in my opinion, ICANN is a non-profit corporation subject to California law, and you are therefore a statutory member.

Lawrence Lessig - posted on 2000-09-26 03:11:09
This is a difficult legal question. ICANN's view is that you are a nonstatutory member. My view is that members were to be statutory members.

Emerson Tiller, J.D., Ph.D. - posted on 2000-09-25 00:21:01
According to ICANN, you are something less than the statutory member. But if ICANN maintains its status under California nonprofit laws, you should have the rights of a full statutory member.

Karl Auerbach - posted on 2000-09-24 22:17:08

According to California law a person who votes for a director in an election pursuant to a specific provision of the articles and bylaws is a member and receives many statutory rights.

I believe that the current election is indeed pursuant to a specific provision of the bylaws and that hence you and are are members.

ICANN has no power to supersede California law - hence what they say about it in the by-laws is merely powerless verbage -- ICANN may as equally try to say that their employees are exempt from the California traffic laws.

See my platform on this point at http://www.cavebear.com/ialc/platform.htm#full-members

Donald Langenberg - posted on 2000-09-24 10:53:06
That's an important question, and a technical one that would require careful reading and interpretation of the relevant statute. I haven't done that and so don't know the answer.


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