Re: [ga] DNSO role in DNS policy

[Kent Crispin <kent@songbird.com>]

On Thu, Mar 01, 2001 at 09:17:05PM +0000, david@farrar.com wrote:
> The ICANN bylaws (Article VI, Section 2) state that 
> "(b) The Supporting Organizations shall serve as advisory bodies to the Board, 
> with the primary responsibility for developing and recommending substantive 
> policies regarding those matters falling within their specific 
> responsibilities, as described in this Article VI (including VI-A, VI-B and VI-
> C).
> 
> (c) 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."


You left out section (g):

    (g) NOTHING IN THIS SECTION 2 IS INTENDED TO LIMIT THE POWERS OF THE
    BOARD OR THE CORPORATION act on matters not within the scope of
    primary responsibility of a Supporting Organization or TO TAKE
    ACTIONS THAT THE BOARD FINDS ARE NECESSARY OR APPROPRIATE TO FURTHER
    THE PURPOSES OF THE CORPORATION. 
        [Emphasis added]

If something of a timely and important nature comes up, the board to
fully empowered to act. 

> There is little doubt that the proposed changes to the Verisign agreements 
> represent major policy changes.  They propose to change the policy that 
> eventually the registry and registrars for *.com must not have the
> same owners, they also look at changing the nature of *.org.  It does
> not get much bigger or wide ranging than this. 
> 
> I first note that the DNSO did not originate the proposed policy change and 
> there doesn't seem to have been any discussion at all about this within the 
> DNSO.

No surprise there.  The DNSO doesn't originate anything.

> But more importantly the bylaws are absolutely clear that the Board *must* 
> refer these proposals to the DNSO which shall initially consider them and 
> recommend for or against them to the Board.  Clauses (e) and (f) make
> it clear that the Board should not adopt any policy change unless the SO
> has recommended it (unless it has been referred back to SO at least
> once)

Clause (g) makes it clear that the board can act regardless of clauses 
(e) and (f).


-- 
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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