[registrars] A procedural proposal for handling the transfers issue

["Timothy Denton" <tmdenton@magma.ca>]

 From: Timothy Denton [mailto:tmdenton@magma.ca]
> Sent: Sunday, July 22, 2001 6:37 PM
> To: Owner-Registrars
> Subject: ICANN Procedures-Transfer Issue
>
>
> If the rules mean anything, the ICANN procedures for the development of a
> consensus policy should be followed.
>
A consensus policy proposal needs to be developed.

Either it is developed within the registrars' constituency
AND/OR
a task force is established by the Names COuncil, to do the same.

The positions are not mutally exclusive.


On the first option:
A small group of registrars develop a policy position within the registrars'
constituency that reflects an auto-ack position.

Such a policy position goes forward to the Names Council for approval as the
substance of basis of a consensus policy.

On the second option:
> The Task Force is formed, considers proposals, receives comments and
opinion
> from the other constituencies, and makes recommendations to the Names
> Council.The authority for this is section VI-B of the ICANN bylaws dealing
> with the DNSO, at section 2(c).
>
> (c)" Constituencies or GA participants may propose that the NC consider
> domain name policies or recommendations. If the NC undertakes
consideration
> of a domain name topic, or if a Constituency so requests, the NC shall
> designate one or more research or drafting committees, or working groups
of
> the GA, as appropriate to evaluate the topic, and shall set a time frame
for
> the report of such committee or working group. Following the receipt of a
> report or recommendation from such a body, the NC may accept the report or
> recommendation for submission to the Constituencies for comment and
> consultation, or return the report or recommendation to the body from
which
> it originated for further work. After the report or recommendation is
> submitted to the Constituencies and the comment period for the
> Constituencies has expired, the NC shall evaluate the comments to
determine
> whether there is a basis for a consensus recommendation to the Board."
>
>
> The Names Council considers and votes on the recommendations of the Task
> Force.
>
> The Board of ICANN would most likely accept the consensus policy of the
> Names COuncil. How could it not?
>
>A thought on how we should view ourselves:


> It is important for the future success of ICANN that this real clash of
> interests be settled according to those procedures that have been laid
down
> in the ICANN by-laws.
>
> ICANN is not Louis Touton, his staff and Stuart Lynn. ICANN is a process
of
> self-government in which we particpate. ICANN is not above us or outside
of
> us, and we should not be referring to it as a regulatory agency that will
> arbitrate our disputes for us. We have procedures we can follow, and they
> will bring the pressure that needs to be brought on all players to sort
out
> this dispute.
>
> Timothy Denton, BA, BCL
> Senior External Counsel,
>  Policy and Regulation
> Tucows Inc.
> 37 Heney Street
> Ottawa, Ontario
> Canada K1N 5V6
> www.tmdenton.com
Timothy Denton, BA,BCL
37 Heney Street
Ottawa, Ontario
Canada K1N 5V6
www.tmdenton.com
1-613-789-5397
tmdenton@magma.ca