Re: [ga] Reasonable Opportunity for Comment

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

Chuck and all remaining assembly members,

  Uh huh...  Well it seems to me anyway that the hand writing is on the
wall, so to speak....

Gomes, Chuck wrote:

> Bret,
>
> Please note that the VeriSign contracts are only a discussion item in
> Melbourne.  The Board is not anticipating taking action on them until April
> 1st.
>
> Chuck
>
>  -----Original Message-----
> From:   Bret Fausett [mailto:baf@fausett.com]
> Sent:   Thursday, March 01, 2001 2:14 PM
> To:     council@dnso.org
> Cc:     ga@dnso.org; touton@icann.org
> Subject:        [ga] Reasonable Opportunity for Comment
>
> To Members of the Names Council:
>
> With less than two weeks until the meeting in Melbourne, the ICANN community
> now has three important sets of documents, possibly four, to review and
> comment upon: the new TLD contracts (each with 25 unique appendices, many of
> which are not yet posted); the discussion paper on the controversial
> multilingual domain names; and now, the radical restructuring of the
> agreements with Verisign (formerly NSI). The Agenda circulated on the ICANN
> Announce list today also mentions that the Board will consider the "Final
> report of the Ad Hoc Group on Numbering and Addressing," which, to the best
> of my knowledge, has not been posted anywhere, in either "draft" or "final"
> form.
>
> Under Article III, Section (3)(b)(ii) of the ICANN Bylaws, any new policy
> that will "substantially affect the operation of the Internet or third
> parties" must follow a special process that allows a "reasonable
> opportunity" for public comment. The public comment period must allow not
> only a reasonable opportunity to post comments, but also a reasonable
> opportunity to "see the comments of others, and to reply to those comments."
> I believe that each of these topics is one which will "substantially affect"
> the operation of the Internet and falls within these "reasonable
> opportunity" provisions of the Bylaws.
>
> If ICANN had posted just one of these three important documents on less than
> 30 days notice, I could understand how two weeks might be viewed as a
> "reasonable opportunity" for public comment. Taken in the aggregate,
> however, it is unreasonable, and in violation of the Bylaws, to expect
> meaningful comment on all three, possibly four, of these important items.
> The restructuring of the Verisign delegations, by itself, requires more than
> two weeks of consultation.
>
> To remedy this situation, I ask the Names Council to forward a request to
> the Board and Staff asking that it promptly select *one* of these four items
> (other than the Verisign contracts) for action in Melbourne and defer the
> rest of the items for action (though not public discussion) until the
> Stockholm meeting or one of the special monthly telephonic meetings of the
> Board. With limited time for review, consultation, and comment prior to the
> Melbourne meeting, such a clarification will allow the Internet community to
> focus its attention on the most important item. Anything less will not
> afford the community the "reasonable opportunity" for public comment
> guaranteed under Article III of the Bylaws. It may also be appropriate, if
> not required under the Bylas, to refer all of these items to the DNSO for
> review.
>
> Thank you for considering this request.
>
> Very truly yours,
>
> Bret A. Fausett
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members 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:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208



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