Re: [ga] Jonathan Cohen elected for 1 year term at the ICANN Board

[Karl Auerbach <karl@CaveBear.com>]

> So, now that Mr.s Cohen and Abril have been officially elected to 
> the ICANN BoD, may we expect that they'll immediately step down from
> their positions on the DNSO NC?  It's required by ICANN bylaws.

Not necessarily.  Under the ICANN bylaws, the nomination process that was
established by the NC was to have been approved by the ICANN Board.

The board never gave such approval.

Consequently, the nomination process itself was not proper.

Since, according to the ICANN bylaws there must be a notice and comment
period before board action, and according to the bylaws the board is to
take cognizance of such comment, one can not jump to the conclusion that
the NC's processes would have survived Board approval unchanged.

And had the nomination process been different, the results could have been
different.

Hence the board can't cure this situation by a retroactive approval.

Now, we of course expect ICANN to abide by its processes, don't we?

		--karl--