Re: [ifwp] Re: DNSO documents

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

Bret and all,

Bret Fausett wrote:

> Michael Sondow wrote:
> >I and others have argued strongly (and convincingly, I believe) for not
> >incorporating the DNSO, in part so as not to set up an adversarial
> >relationship with ICANN. For example, if the DNSO has its own bylaws,
> >and these are different from the ICANN's bylaws, controversy ensues. Why
> >start out by creating controversy?
>
> Please explain. It is not obvious to me why the DNSO's selection of a
> corporate form of organization would create "an adversarial relationship
> with ICANN." Different bylaws do not necessarily lead to that result. You
> can always draft bylaws to complement ICANN's, if that is a concern.

  This is true to be sure.  However due to the fact that the ICANN's Bylaws
are not yet to the approval of the NTIA and the fact that the NTIA is not
receiving
the idea of "SO's" very well at this time, for good reason it is a good
possibility
that non-elignment with the ICANN would be troublesome at this juncture.

>
>
> >Furthermore, I feel compelled to repeat here that the SOs exist and are
> >empowered by the bylaws of ICANN, with which the USG has a contractual
> >relationship. No such relationship exists, or is likely to exist,
> >between the USG and the SOs. Therefore incorporation by the SOs (that
> >is, the SOs defined by ICANN's bylaws) is, on the face of it,
> >illegitimate since they have no separate corporate existance outside
> >ICANN, which created them.
>
> Again, I don't understand your point here. The SO's are indeed empowered
> by ICANN, but ICANN is not creating them; it is recognizing existing
> organizations as the SOs. (If ICANN had created the SOs itself, we
> wouldn't be having this discussion). It doesn't seem to follow that
> incorporation makes an SO "illegitimate."

  However what Michael is getting at is that the "DNSO" at www.dnso.org
has yet to incorporate.  As such and the fact that the ICANN is not yet
finalized it's Bylaws, any such relationship consideration from any
Organization such as a Domain Name Supporting Organization should
only be viewed as a "Proposal" only at this juncture.

>
>
> >Your arguments and those of Tony Rutkowski would be better directed at
> >the PSO and ASO, which have had no open process at all - no open
> >meetings, no public discussion of bylaws, and no call for membership -
> >and which have incorporated separately from ICANN and are thereby beyond
> >its control, than at the DNSO, which remains an integral part of the
> >ongoing ICANN process and is subject to its bylaws, which in turn are
> >subject to review by the USG.
>
> My arguments had nothing to do with DNSO.org's processes. They were made
> to assist that body with its application. I happen to believe that this
> application would be better received by ICANN if it came from an entity
> with a real legal status, with well-conceived bylaws and rules of
> governance/operations. The fact that I've made my comments here and on
> the dnso.org list should demonstrate that I *do* have hope (at least for
> now) that my comments are being considered as part of an open, public
> process. I am not one who talks to the wind. :-)

  I am sure they will be..

>
>
> -- Bret
>
> :::::::::::::::::::::::::::::::::::::::
>
>      Bret A. Fausett
>      Fausett, Gaeta & Lund, LLP
>      e-mail: baf@fausett.com
>      http://www.fausett.com
>
> :::::::::::::::::::::::::::::::::::::::
>
> __________________________________________________
> To receive the digest version instead, send a
> blank email to ifwp-digest@lists.interactivehq.org
>
> To SUBSCRIBE forward this message to:
> subscribe-IFWP@lists.interactivehq.org
>
> To UNSUBSCRIBE, forward this message to:
> unsubscribe-ifwp@lists.interactivehq.org
>
> Problems/suggestions regarding this list? Email andy@interactivehq.org.
> ___END____________________________________________

Regards,

--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208