[ga] Re: [ncdnhc-discuss] Board Positions on .ORG - And linkage to ICANN Reform/Restructure

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

Alejandro and all,

Alejandro Pisanty - DGSCA y FQ, UNAM wrote:

> Richard dba J W,
>
> ah, the lovely language of threats, their perfumed smell, their delicious
> taste.

   No threat involved with anything I stated below.  If you perceived
one than perhaps you are suffering from a guilty conscience?

>
>
> Replay the video of the Accra meeting where we touched on the subject of
> threats. It's neat.

  I have.  It was, well interesting.  A bit funny actually!  >;)  However,
again I fail to see it's relevance necessarily here...  ???  Perhaps
you could expand on that Alejandro?

>
>
> Alejandro Pisanty
>
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>      Dr. Alejandro Pisanty
> Director General de Servicios de Computo Academico
> UNAM, Universidad Nacional Autonoma de Mexico
> Av. Universidad 3000, 04510 Mexico DF Mexico
> Tel. (+52-55) 5622-8541, 5622-8542 Fax 5550-8405
> http://www.dgsca.unam.mx
> *
> ** 10 Aniversario de Internet Society - www.inet2002.org en Washington, DC
> ---->> Unete a ISOC Mexico, www.isoc.org
>  Participa en ICANN, www.icann.org
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>
> On Wed, 3 Apr 2002, Jeff Williams wrote:
>
> > Alejandro and all,
> >
> >   You are quite right as to Eric's interest in getting things moving
> > quickly on the reform/restructering track.  I was the one that suggested
> > that be a separate thread.  None the less as you mention these areas
> > ( .ORG boD decision and Reform/Restructuring of ICANN ) do indeed
> > converge on several levels.  Therefore it would seem appropriate
> > fro the time being to just change the subject line of this thread
> > to indicate such, which I am doing in this response for purposes
> > of clarity and understanding.
> >
> >   As Karl pointed out as far as DNSO restructuring with respect to
> > the BOD decision and .ORG, it would seems that in this particular area
> > unless o until that restructuring and especially Reform of the ICANN
> > BoD and staff has been effected, the .ORG BOD decision is in violation
> > of the ICANN Bylaws as they stand now.  Ergo, such a decision
> > requires either a rethink and redo, or disciplinary action of the BOD
> > members voting in favor of this .ORG decision in departure of the
> > DNSO TF recommendation's.  In the likely event that such disciplinary
> > action against those BOD members is not taken, it would than seem
> > wise for the BOD to seriously reconsider it's decision or perhaps
> > face other legal action if failing to do so...
> >
> > Alejandro Pisanty - DGSCA y FQ, UNAM wrote:
> >
> > > Dear Karl,
> > >
> > > the Board resolution and the discussion which the staff is instructed to
> > > take into account for the RFP contain and extend the DNSO recommendation,
> > > some of the minority opinions expressed through the process within the
> > > DNSO, and some precautions which were not even outlined then.
> > >
> > > One of them addresses a concern expressed in the last few hours by Adam
> > > Peake, viz that a company interested in the business of .org set up a
> > > "front" organization. Only a couple of the efforts of this kind have been
> > > mentioned explicitly here. Some NCDNHC participants have been part of
> > > efforts to set up .org steering organizations with known business backing;
> > > others have the suspicion expressed by Adam.
> > >
> > > As Milton has implied, a number of points in this conversation have begun
> > > to converge. Doubtless it would be useful to concentrate an effort in the
> > > reform process. As someone else has written that is, of course, a separate
> > > track, and as Eric has underlined, one to move on ASAP.
> > >
> > > Yours,
> > >
> > > Alejandro Pisanty
> > >
> > > .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> > >      Dr. Alejandro Pisanty
> > > Director General de Servicios de Computo Academico
> > > UNAM, Universidad Nacional Autonoma de Mexico
> > > Av. Universidad 3000, 04510 Mexico DF Mexico
> > > Tel. (+52-55) 5622-8541, 5622-8542 Fax 5550-8405
> > > http://www.dgsca.unam.mx
> > > *
> > > ** 10 Aniversario de Internet Society - www.inet2002.org en Washington, DC
> > > ---->> Unete a ISOC Mexico, www.isoc.org
> > >  Participa en ICANN, www.icann.org
> > > .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> > >
> > > On Tue, 2 Apr 2002, Karl Auerbach wrote:
> > >
> > > > On Tue, 2 Apr 2002, Alejandro Pisanty - DGSCA y FQ, UNAM wrote:
> > > >
> > > > > you are getting weirder and weirder by the minute. If the Board takes up
> > > > > input it's wrong too now?
> > > >
> > > > This was an instance when the DNSO actually did its job and came up with a
> > > > thoughtful recommendation.  The recommendation by the Names Council may be
> > > > seen at: http://www.dnso.org/dnso/notes/20020205.NCdotorg-to-ICANN.html
> > > > And the actual text of the material endorsed by the Names Council may be
> > > > seen at: http://www.dnso.org/dnso/notes/20020117.NCdotorg-report.html
> > > >
> > > > ICANN's bylaws obligate the board to follow supporting organization
> > > > recommendations unless the board finds that certain conditions exist.
> > > >
> > > > There was, in fact a DNSO recommendation.  And the board did not find that
> > > > that recommendation fell short of any of the requirements of Article VI
> > > > Section 2(e).  Nor were the procedures of Article VI Section 2(f)
> > > > followed.
> > > >
> > > > I consider myself to have erred by not recognizing this (particularly as
> > > > this same question was the topic of my request for reconsideration of
> > > > November 17, 1999 -
> > > > http://www.icann.org/committees/reconsideration/auerbach-request-17nov99.htm
> > > > - and is (was?) pending before the Independent Review panel).
> > > >
> > > > Why the resolution was drafted in the way it was - referencing, but not
> > > > adopting, the DNSO recommendation, and instead substituting a weaker
> > > > formulation and allowing staff discretion over matters already decided by
> > > > the DNSO - is a mystery.  But given that the draft resolution appeared
> > > > less than six hours before the start of the board meeting there was no
> > > > time to make more than the most cursory of inquiries.
> > > >
> > > >               --karl--
> > > >
> > > >
> > > > ARTICLE VI: SUPPORTING ORGANIZATIONS ...
> > > >
> > > > Section 2. RESPONSIBILITIES AND POWERS ...
> > > >
> > > > (e) Subject to the provisions of Article III, Section 3, the Board shall
> > > > accept the recommendations of a Supporting Organization if the Board finds
> > > > that the recommended policy (1) furthers the purposes of, and is in the
> > > > best interest of, the Corporation; (2) is consistent with the Articles and
> > > > Bylaws; (3) was arrived at through fair and open processes (including
> > > > participation by representatives of other Supporting Organizations if
> > > > requested); and (4) is not reasonably opposed by any other Supporting
> > > > Organization. ...
> > > >
> > > >
> > > > (f) If the Board declines to accept any recommendation of a Supporting
> > > > Organization, it shall return the recommendation to the Supporting
> > > > Organization for further consideration, along with a statement of the
> > > > reasons it declines to accept the recommendation. If, after reasonable
> > > > efforts, the Board does not receive a recommendation from the Supporting
> > > > Organization that it finds meets the standards of Section 2(e) of this
> > > > Article VI or, after attempting to mediate any disputes or disagreements
> > > > between Supporting Organizations, receives conflicting recommendations
> > > > from Supporting Organizations, and the Board finds there is a
> > > > justification for prompt action, the Board may initiate, amend or modify
> > > > and then approve a specific policy recommendation.
> > > >
> > > >
> > > >
> > > >
> > > >
> > > > _______________________________________________
> > > > Discuss mailing list
> > > > Discuss@icann-ncc.org
> > > > http://www.icann-ncc.org/mailman/listinfo/discuss
> > > >
> > >
> > > _______________________________________________
> > > Discuss mailing list
> > > Discuss@icann-ncc.org
> > > http://www.icann-ncc.org/mailman/listinfo/discuss
> >
> > Regards,
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
> > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > Information Network Eng. Group. INEG. INC.
> > E-Mail jwkckid1@ix.netcom.com
> > Contact Number:  972-244-3801 or 214-244-4827
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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