Re: When the NC must act - a target to shoot at

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

Antony and all,

  We would be opposed to this "Expedited Recommendations" provision
in that it represents and provides, under no specific provision, as Antony
has suggested it here (See Below), an effective veto power for the
NC without the approval of the membership and does so without
a consensus of that Membership therefore rendering any decision or
recommendation made by the At-Large membership nearly worthless.
In effect this "Expedited Recommendations" provision that Antony is
suggesting if both bad for any DNSO that might be constituted, and
allows for a minority view to override a majority consensus view when
the mood suites the NC.

Antony Van Couvering wrote:

> Hi,
>
> Clearly one of the faultlines in the two DNSO applications is the power of
> the Names Council -- or lack of it -- to act independently.  Christiaan van
> der Valk of the ICC mentioned to us several times at the Paris meeting that
> there were times when something needed to get done, and that the structure
> proposed by the Paris draft was too cumbersome.
>
> I have taken that concern to heart and I have drawn up some language to
> define procedures whereby things can get done quickly, if necessary.
> Bearing in mind that the DNSO cannot *do* anything except forward
> recommendations to the ICANN, I have called these procedures "Expedited
> Recommendations."  The thought behind them is that there are indeed
> extraordinary circumstances where something needs to get done quickly, but
> that they should be exceptional.
>
> I think this may be the beginning of an acceptable compromise in this area.
> Here is a target, please shoot at it.
>
> Antony
>
> P.S. Please feel free to repost
>
> Expedited Recommendations
>
> a) Purpose of Expedited Recommendations
> >From time to time an issue or concern may be so pressing and imminent that
> the usual methods of the DNSO for forwarding its recommendations to the
> ICANN Board will not serve the purpose.  In such cases the DNSO may forward
> to the ICANN Board an Expedited Recommendation.  The purpose of the
> Expedited Recommendation is to give ICANN Board a sense of the DNSO's likely
> final recommendation concerning the issue at hand, so that when in its
> judgment it must act quickly it will not lack for guidance from the DNSO.
> The Expedited Recommendation is, however, preliminary, and is not a final
> recommendation of the DNSO until ratified by the DNSO according to the usual
> methods in force.
>
> a) Formation of a Special Research Committee
> The Names Council may form, by a majority vote, a Special Research Committee
> (SRC) to consider an issue of pressing importance, and to report its
> findings to ICANN in the form of a Expedited Recommendation, under the
> following circumstances:
>
>         i)   Upon a request from the Board of ICANN
>         ii)  Upon a 2/3 vote by the Names Council
>         iii) Upon petition signed by 15% of the members of the DNSO
>
> b) Composition of the SRC
> The SRC shall be appointed by the Names Council and shall be formed of 8
> persons, of whom four shall be drawn from the General Assembly, and four
> from the Names Council.  Additional expert assistance from outside the DNSO
> may be solicited by the SRC at its discretion.   The Names Council shall
> choose the members of the SRC using Single Transferable Voting or other
> proportional representation voting method.
>
> d) Reporting and Archiving of Proceedings
> Given the extraordinary nature of the Expedited Recommendation, the full and
> complete proceedings of the SRC shall be transmitted to other members of the
> DNSO with a minimum possible delay.  A complete record of the deliberations
> of the SRC shall be kept, including, but not limited to, a verbatim record
> of any deliberations, and a record of any exhibits, submissions, or
> correspondence considered by the SRC.
>
> e) Report of the SRC
> The SRC shall, no earlier than five days and no later than ten days from the
> date it is formed by a vote of the Names Council, forward to the Names
> Council the complete record of its deliberations, along with a statement
> signed by the members of the SRC indicating its recommendation concerning
> the issue at hand, if any.
>
> f) Transmission of the Expedited Recommendation to ICANN
> Following its receipt of the Expedited Recommendation from the SRC, the
> Names Council shall with the shortest possible delay forward the entire
> record of the SRC proceedings to the ICANN Board.   The Names Council shall
> include a Transmittal Letter signed by members of the Names Council and
> addressed to the Board of ICANN, indicating whether in their judgment the
> recommendation of the SRC is likely to be adopted as a final recommendation
> by the DNSO.  Minority or dissenting opinions shall be appended to the
> statement in their entirety.

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