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Flaw in recent DNSO elections
Under the ICANN bylaws, the DNSO Names council establishes the procedures
under which the DNSO General Assembly nominates people for the ICANN
However, those procedures must be approved by the ICANN board of
There is no evidence that such procedures have been approved by the board
of directors. There is no indication that it has been on the board's
agenda, nor is there any evidence that there has been a notice and comment
period of such a matter before the board.
In other words, the recent election of the DNSO Names Council is in
violation of the ICANN bylaws.
A simple retroactive validation by the board would not be curative as that
would be tantamount to approval without the necessary notice and comment
of all matters to be considered by the board.
Given the gravity of board elections, lapses of proper procedure of this
nature are significant and material.