Re: [Membership] The People's Republic of ICANN?

[Michael Sondow <msondow@iciiu.org>]

Esther Dyson a écrit:

> *I* alone am not ICANN; it is a (growing)
> collection of people, including staff, PR consultants....and of course
> members.

Pardon me for reminding you, Esther, but ICANN doesn't have any members yet.
And you weren't elected by any non-existent members.

You may have a collection of people, you may have staff, and you may have PR
consultants, but you don't have any members; and according to your bylaws
you have no legitimacy, none whatsoever, since you haven't been properly
elected by a membership. Every single thing that you do that smacks of
policy-making or decision-making is in flagrant contradiction with ICANN's
bylaws, and you can be hauled into court and sued. The corporation laws of
the State of California don't protect you against failure in your fiduciary
duty, which means adhering to your bylaws, and they forbid you to take any
substantive action without an elected Board.

You would do well to keep this in mind.