Re: [Ianaplan] cwg legal review

[Milton L Mueller <[e-mail]>]

In that context, it is possible I misunderstood their preference for flexibility.

MM: The legal advisors are not supposed to have preferences, they are supposed to provide advice that enables the community members involved in the CWG to choose their own preferences.

​This is a point I had not understood from the other documents, which appear to state that IRS's determination of non-profit status was hard to predict.​

MM: I am at a loss to understand how ISOC’s PRI, which runs .org, and ICANN, which collects large revenues from the domain name industry, could achieve this status and a small entity running some technical registries could not. But LLC could be a fallback…

Would I be correct in inferring that if LLC were to construct an operating agreement, you believe it would convey responsibilities and limitations on the directors​ which would be similar to the public benefit corporation?

MM: I am not sure I understand the point of negotiating a LLC operating agreement if it was intended to mimic the already-established constraints and incentives of a PBC. And even if it did, it might take a long time to do. We would be wading into uncharted waters, creating something entirely new. A PBC gets you there immediately and by default.