Re: [ga] Re: Violations of the Bylaws?

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

I'd like to reiterate my request for a more detailed explanation of what's
wrong with Danny Younger's view of the situation. Imagine this were an
IETF list and someone replied to the first mention of a technical question
by saying, "I think I'm right, but take it up with the IAB if you
disagree."  I think most people would not see that as helpful, or in
keeping with IETF norms.

Danny Younger is not some flamer who deserves a brush-off like this; he's
the former Chair of the GA.  Understanding that the parallels are not
perfect, and the mention of a reconsideration request in his message did
not start this thread in the most humble fashion imaginable, I think Danny
Younger's question was in the same spirit as a technical question in the
IETF, and is equally deserving of a substantive response from someone.  A
dialog now is more likely to be enlightening to the community than a
formal reconsideration request responded to months later by a bureaucratic
staff-drafted CYA report.


On Sat, 24 Aug 2002, vinton g. cerf wrote:

> Danny,
> 
> I believe the board is operating within the ICANN Bylaws. If you think
> otherwise, then you are free to submit a reconsideration request outlining
> the specifics that you believe constitute a deviation from them.
> 
> Vint
> 
> At 12:08 PM 8/24/2002 -0400, DannyYounger@cs.com wrote:
> >Dear Vint,
> >
> >Before I proceed to file a reconsideration request, I would appreciate an 
> >answer to the following questions:
> >
> >1.  Our bylaws state:  "The Board shall post on the Web Site (i) periodically 
> >a calendar of scheduled meetings for the upcoming year, and (ii) in advance 
> >of each Board meeting, a notice of the fact and time that such meeting will 
> >be held and, to the extent known, an agenda for the meeting. If reasonably 
> >practicable, the Board shall post notices of special meetings of the Board at 
> >least fourteen (14) days prior to the meetings."  The notice of the special 
> >meeting of the Board was not posted 14 days in advance of such meeting -- Why?
> >
> >2.  Our bylaws state:  "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."   With respect to WLS, the Board declined to 
> >accept the recommendation of the DNSO yet failed to return the recommendation 
> >to the DNSO for further consideration -- Why?
> >
> >I do not seek to challenge the Board's decision with regard to WLS, only the 
> >Board's conduct with respect to the Bylaws.  Can you offer a rational 
> >justification for the Board's violation of these bylaws? 
> 
> Vint Cerf
> SVP Architecture & Technology
> WorldCom
> 22001 Loudoun County Parkway, F2-4115
> Ashburn, VA 20147
> 703 886 1690 (v806 1690)
> 703 886 0047 fax
> 
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A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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