RE: [ga] Re: Board descisions

[david@farrar.com]

CHuck Gomes wrote:
> As Dave Crocker pointed out in a separate post, requiring consensus
> decisions for contract negotiations will not work.  

I have never seen anyone suggest the Names Council should negiotate the 
contracts.  But if the staff go away and negiotate contracts which radically 
alter the status quo without so much as even consulting the Board or Names 
Council, then it is no surprise that resistance is encountered.  if the staff 
had sought out a negiotating framework then we probably would not be having 
this debate.
 
> If you read the ICANN Bylaws carefully, you will find that the NC's role is
> not to make consensus decisions but rather to manage the consensus process
> through mechanisms such as working groups.  As we all know, that is an
> extremely time consuming process as it should be in a global setting.

Yep which is why having people abuse the Names Council because they feel they 
need more than seven days to comment on the policy implications of the 
proposals, is so counter productive.  The Names Council are following the 
Bylaws.
 
> The Bylaws clearly require consensus recommendations for policy issues.  And
> I am fully aware that there is a difference of opinion as to whether this is
> a policy decision.  Certainly, I don't believe that anyone can point to a
> documented policy with regard to separation of registry and registrar.  As
> Roberto pointed out in the open forum, he believes that there was an implied
> policy, but even if that was true, I don't believe that such an implied
> policy was specifically developed as a consensus policy.  Instead a few
> individuals simply decided to include such provisions in contracts.

If one does not consider these proposals as policy issues I can't concieve what 
we would consider a policy issue.  If the DNSO should have no opinion on 
whether granting a presumptive right to *.com for eternity is desirable or not, 
then lets abolish the DNSO and leave it all to the staff.

DPF

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