Re: [wg-review] 11. IDNH

[Bret Busby <bret@clearsol.iinet.net.au>]

Greg Burton wrote:
> 
> At 12:45 AM 1/16/01, Bret Busby wrote:
> >I understand, from what has been said, that the existence of the
> >constituencies is a necessary evil; that, without the constituencies, no
> >advocacy to the Names Council would exist; that the Names Council
> >members are appointed, without the constituencies, and, that removing
> >the constituencies, would ensure that an appointed board would be what
> >constituted the Names Council, with no-one being represented, other than
> >the body that appointed the NC board.
> 
> The NC elects members to the BoD. The NC is elected by the constituencies.
> I'd be very interested in who is claiming that the NC would be
> automatically be "appointed" if the constituencies don't elect them. It
> would be quite possible for the General Assembly to elect the NC members as
> well. The bylaws certainly don't include any statement that the NC will be
> appointed if constituencies no longer vote for them.
> 
> For more information on this, I suggest you read the ICANN bylaws - they're
> posted at the ICANN site.
> 
> Regards,
> Greg
> 

Thank you, Greg.

Apart from anything else, I point out, that on the web page for the
organisational chart of ICANN, at
http://www.icann.org/general/icann-org-chart_frame.htm , the Names
Council is not included. Neither is this General Assembly, to which
people have referred.. The Names Council does not appear to exist, in
relation to either ICANN, or to the DNSO. Similarly, the General
Assembly does not appear to exist, in relation to either the DNSO, or,
ICANN.

Also, on that page, the clickable links for the At Large membership,
and, the DNSO Non Commercical(sic) Constituency, being clickable, I had
assumed, to give some explanation of them, are circular links, both
returning to the same organisational chart, at the web page
http://www.icann.org/general/icann-org-chart1_raster.htm .

Okay.

I have now found (I think) the relationship between the constituencies
and the Names Council, in the by-laws.

"ARTICLE VI-B: THE DOMAIN NAME SUPPORTING ORGANIZATION

   Section 1. DESCRIPTION

   (a) The DNSO shall advise the Board with respect to policy issues
relating to the Domain Name System.

   (b) The DNSO shall consist of (i) a Names Council ("NC"), consisting
of representatives of constituencies as
   described in Section 3 of this Article VI-B ("Constituencies")
elected by those Constituencies and (ii) a
   General Assembly ("GA"), consisting of all interested individuals and
entities.

   Section 2. THE NAMES COUNCIL

   (a) The NC shall consist of representatives, selected in accordance
with Section 3(c) of this Article, from
   each Constituency recognized by the Board pursuant to the criteria
set forth in Section 3 of this Article.
"

Given the above, would I not be correct, that, if the constituencies are
abolished, without restructuring either the Names Council, or, ICANN in
total, The Names Council would cease to exist (apart from stuffing up
the by-laws)?

Now, regarding the General Assembly, which, supposedly, from Greg's
response above, could appoint Names Council members, from clause 1(b),
above, the General Assembly exists in parallel to, and, at the same
level as, the Names Council, and, no apparent authority exists, for the
General assembly to appoint members of the Names Council.

From my understanding of the by-laws, a motion to abolish the
constituencies, is a motion to abolish the (apparently non-existent,
from the ICANN organisational structure chart) Names Council.

Thus, if my understanding of all of this is correct, the motions to
abolish the constituencies, are in fact, motions to abolish the Names
Council, and, to transfer its role, completely, to the General Assembly
(which apparently does not exist, from the ICANN orgainsational
structure chart).

Can this please be confirmed, by someone who knows and understands the
situation?

Thanks in anticipation.

-- 

Bret Busby

Armadale, West Australia

......................................
"So once you do know what the question actually is, you'll know what the
answer means."
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 - Douglas Adams, 1988 
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