Re: [IFWP] Re: Call for comments on DNSO Names Council amendments (Deadline: August 10)

[Jeff Williams <jwkckid1@ix.netcom.com>]

Esther and all,

  I am so glad that you are soliciting comments.  I wonder when you
are going to start reading them, and responding to them?  Some questions,
that remain unanswered, Esther, are over a month old!

Esther Dyson wrote:

> Thanks, Karl.
>
> We are indeed soliciting comments as you suggest at the end.  We have posted
> the announcement to multiple lists - and we heereby solicit further comments!
>
> Esther Dyson
>
> At 05:09 PM 04/08/99 -0700, Karl Auerbach wrote:
> >
> >> The ICANN Board has posted a proposed set of amendments to the ICANN Bylaws
> >> relating to the DNSO Names Council.  Most notably, the proposed amendments
> >> are intended to limit any one company or organization to one representative
> >> on the DNSO Names Council.
> >
> >A couple of points:
> >
> >  1. These proposed changes were not in effect during the Berlin meeting.
> >
> >     Indeed, at the time of the Berlin meeting, the By-laws gave all
> >     recognized constituncies the power and right to designate three
> >     people to the names council of the DNSO.
> >
> >     Yet when that was tried by one recognized constituency, those people
> >     were excluded despite the presence of ICANN's CEO and legal counsel at
> >     that meeting.
> >
> >     ICANN was acting beyond its then-existing bylaws, and in advance of
> >     this amendment.
> >
> >     This amendment does not have retroactive effect.
> >
> >     It is evident that the the gTLD Constituency was acting within its
> >     rights at the time of the Berlin, and that the exclusion of
> >     its designated names council representatives was an act by ICANN in
> >     contravention of ICANN's bylaws.
> >
> >     Given that the DNSO has proceeded into substantive issues, this
> >     failure taints everything that the DNSO has done to date.
> >
> >
> >  2. This amendment cites an "evident consensus".  How was that "evident
> >     consensus" ascertained?  Certainly at the time of the Berlin meeting
> >     this question had neither been clearly asked nor discussed in any
> >     forum.  And having listened into the Berlin meetings, I can attest
> >     that I did not perceive any discussion of these matters, much less
> >     the "clear sentiment of the attendees and online particpants."
> >
> >     If I don't make myself clear, let me be blunt:
> >
> >     I perceive no evidence to support the claim that there was such a
> >     consensus in existance at the time of the Berlin meeting, in
> >     particular at the time of the exclusion of the gTLD's designated
> >     representives to the Names Council.
> >
> >     I do agree that at the present time there may indeed be such a
> >     consensus, a consensus that has evolved *after* the exclusion
> >     occurred.
> >
> >     But this is merely a guess based on exactly the same evidence
> >     as is available to ICANN's board.  And I, like the ICANN board,
> >     could be utterly wrong whether such a consensus actually exists
> >     at the present time.
> >
> >     Rather than the blind and unsubstantated claim of "evident consensus"
> >     made in the ICANN anouncement, may I suggest that ICANN actually take
> >     an explicit poll of the various mailing lists to elicit actual opinions
> >     pro and con on this question.
> >
> >     I will begin the process: I think that this amendment is a useful
> >     improvement to the ICANN by-laws.
> >
> >               --karl--
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
>
> Esther Dyson                    Always make new mistakes!
> chairman, EDventure Holdings
> interim chairman, Internet Corp. for Assigned Names & Numbers
> edyson@edventure.com
> 1 (212) 924-8800
> 1 (212) 924-0240 fax
> 104 Fifth Avenue (between 15th and 16th Streets; 20th floor)
> New York, NY 10011 USA
> http://www.edventure.com                    http://www.icann.org
>
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Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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