[ga] DNSO role in DNS policy

[david@farrar.com]

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."

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.

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)

The Names Council is responsible for management of consenus building within the 
DNSO so they need to set up a process of consulation.  This I suspect would 
take a couple of months at least.

The staff proposal is that the Board *must* adopt the proposal by 1 April 
2001.  I contend that the Board *must not* adopt any such proposal.  It must 
refer it to the DNSO which will consider and consult on it before making a 
recommendation.  This takes more than a couple of weeks - huge issues are at 
stake.

Please note I do not oppose necessairly the propsed changes to the agreement 
with Verisign and affected policies.  I just believe steam rolling this 
therough the Board in less than a month will make a mockery of the bylaws and 
goodwill.  We are talking agreements which will last 7 - 10 years - we need 
more than a month to consider then and we need to follow the bylaws and have 
them go through the normal DNSO consultation process.  Names Council may want 
to consider a special working group on the issue.

DPF

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