Re: [discuss] FW: Re: S. 705

[Javier SOLA <javier@aui.es>]

Antony,

>3. The main arena of work in Paris Draft was to have been the General
>Assembly, and it is so envisioned in the ICANN Bylaws also (see VI-B.4).
>Currently, the General Assembly doesn't even exist.  

Then.. who will be meeting in Santiago at the General Assembly meeting ?
Who will be meeting in San Jose on Friday?

>Amadeu Abril i Abril's
>suggestion that it be identical to the discuss@dnso.org list, which has been
>practically the only mention of the General Assembly in all NC proceedings
>to date, was shot down in the Names Council meeting. 

False.  The issue is under discussion.

> The Names Council,
>while it is in a god-awful rush to deal with the treatment of Famous Marks
>(for instance), seems to have forgotten that "The NC is responsible for the
>management of the consensus building process of the DNSO." (ICANN Bylaws,

And that is what the working groups are for, search for consensus in
specific issues. Have you ever seen a document written by a general
assembly? I have not. Not even in the university. They create a drafting
committee.

>That consensus-building responsibility of NC has not begun to be exercised -
>by definition, because according to the ICANN bylaws the DNSO does not even
>exist yet.  The bylaws state that

Do you have any specific proposals?

>"The DNSO shall consist of (i) a Names Council ("NC"), consisting of
>representatives of constituencies as described in Section 3 of this Article
>VI-B ("Constituencies") elected by those Constituencies and (ii) a General
>Assembly ("GA"), consisting of all interested individuals and entities."
>
>There is no General Assembly, hence the DNSO doesn't exist.  To date this
>has concerned no-one in the Names Council.

Any proposals?

>Furthermore, the NC members, who apparently are quite delicate creatures,
>are not required to read the discuss@dnso.org list, which is the only thing
>that remotely resembles the "forum" envisaged by the ICANN bylaws.

False. The discuss list is that, a discussion list. You reading of the
bylaws, when they sui your interest, is quite personal.

>  Also,
>messages sent to council@dnso.org, which is the distribution list for the
>Names Council, are bounced if they come from non-NC senders.  So not only is
>there no General Assembly, there is no way to communicate officially to the
>Names Council.

False. There is the comment list.

>  For instance, there is no way for me to forward this to the
>NC members short of sending it to each of them separately.  There is a
>"comments" address to post to, but only comments that suit some ill-defined
>criteria will be posted, and it is not known who will make this decision.
>See http://www.dnso.org/dnso/dnsocomments.html.

False. The criteria is very clear: address the Names council and do not
cross-post. If you wish to consider this as censorship, you can. We think
that it is just an anti-spamming meausure. Anybody can write anything if
he/she addresses the council.

>4. The Paris Draft had extensive review and comment mechanisms.  The ICANN
>Bylaws also require the following:
>
>"VI-B.2.j  The NC shall establish, subject to review and approval by the
>Board, an appropriate mechanism for review of grievances and/or
>reconsideration."

Any proposals?

Javier