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[Comment-Dnso] comments on proposed changes

1. The first proposed resolution, as written, is essentially
    an abrogation of all other related provisions in the Bylaws.
    The provision that "any dispute...shall be resolved by, or at
    the direction of, the Board," allows the Board or anyone
    delegated by the Board to do whatever they please.  Minimally,
    the proposed resolution needs a qualifier that the Bylaws
    remain determinative in reaching this decision.

2. The proposed changes superficially deal with the
    underlying problem of institutional capture of the DNSO
    by dealing with essentially irrelevant characteristics
    like geographic origins or nominations within constituencies.

    It is relatively simple to capture most of the DNSO by a
    single interested party - as unfolding events have
    demonstrated.  The preponderance of present NC members in
    controlling and policy making positions have long played
    significant roles within the federation and spin-off bodies
    established by gTLD-MoU agreement.  The capture is exacerbated
    not only because it is by the same federation, but also
    because that federation and its constituent members and
    bodies have long advocated and pursued a common set of
    policies and institutional and economic interests.  So
    strong is this capture, that it is now a matter of record
    before the ITU's governing Council.  See Report by the
    Secretary-General, Management of Internet Domain Names
    and Addresses, para 1.1, ITU Council Doc. C99/52-E (1999).

    If the ICANN Board intends to meet the White Paper
    strictures against capture by interested parties it can do
    so by simply adopting a provision that proscribes, for
    example, no more than two individuals having common
    affiliation in an interested party organization being
    part of any Supporting Organization council.

    The result would be diversity rather than existing
    homogeneity in decision making positions.

A.M. Rutkowski
NGI Associates