[Comment-Ip] Referral to the DNSO

["Bret A. Fausett" <baf@fausett.com>]

In a previous message to this list, I asked the Interim Board to please 
refer the WIPO report to the DNSO and not adopt any part of that report 
in Berlin. The lengthy WIPO report deserves the careful attention and 
close scrutiny it will receive within the supporting organization 
structure that we all have worked very hard to build. The ICANN Bylaws 
also require such action. Section VI (2)(d) provides:

  The Board shall refer proposals for substantive policies 
  not received from a Supporting Organization to the Supporting 
  Organization, if any, with primary responsibility for the area 
  to which the proposal relates for initial consideration and 
  recommendation to the Board. 

As the DNSO currently exists as a formal part of ICANN (See, ICANN 
Bylaws, VI (3)(a) ("Upon the adoption of such Bylaw amendments the 
Supporting Organization shall be deemed to exist for purposes of these 
Bylaws...")), the Bylaws require this substantive policy proposal from 
WIPO to be referred to the DNSO.

Thank you for your consideration of this comment.

    -- Bret Fausett