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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    ICANN Staff and Structure gtld Statement on NC Election
    posted by jon on Tuesday January 29 2002, @06:34AM

    jneuman writes "The gTLD Constituency is concerned by the recent suggestion that the NC Rules of Procedure should be amended to (a) extend the six-month period that each NC Chair is in office, and (b) allow the Chair in office to continue to serve until a successor is appointed -- apparently only to be removed by a two-thirds vote of the Council. This motion mandates that more comprehensive consideration be given to its potentially long-ranging impact as well as the new policy's inconsistency with previous discussions by the Names Council on this issue. Therefore, the Names Council should not proceed at this time on this expeditious timeframe."

    The motion is being presented at the very moment that an election should be held for a new NC Chair under the current rules. The current election should and must proceed, regardless of the action the NC decides to take in connection with the motion. Changes to the election rules can be contemplated at some other time (and, in any event, with enough time for stakeholders to provide comments after more complete consideration. Even "Legislatures" do not generally create term limit (or term extension) initiatives that have retroactive effect. As just one illustration of the importance of non-retroactivity (albeit, not related to term limits), the United States Constitution, a document only amended 27 times in the last 215 years, was amended in the 1990s to state the following: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

    In addition, while the motion’s author feels that a six month term is too short and that she "is not aware of any elected position at least in the U.S. which carries such a short term," we believe the NC's role as facilitator of consensus-building may, in fact, be best served by having a short-term NC Chair from rotating constituencies. This allows different constituencies to lead the process. This was acknowledged during the last Names Council call by those members that were in place when the NC originally passed its procedural rule allowing for only one six month term and one six month renewal.

    The issue of ICANN's restructuring is very much on the minds of the ICANN board, staff and the Internet community as a whole. The primary role of the Names Council is to facilitate the consensus-generating process within the DNSO. However, it has been criticized by many as being more of a representative legislature, empowered to make rules, than a consensus facilitator. Although we believe that the Names Council is doing the best job that it can given the diversity of its membership, we believe that passing this motion would lend further support for the criticisms the DNSO has received in the past. At a time when some are calling into question procedural and substantive actions by the NC, and even suggesting that the NC should not be part of a restructured ICANN, we fear that taking such an action, with no notice to or discussion by the GA and larger ICANN community, would play right into the hands of NC critics and hasten the demise of the NC.

    This is in not a comment on the current chair. We recognize that the current chair has worked very hard to organize and focus the work of the NC. However, at a time when many in the Internet community question the credibility of the DNSO, no action should be taken by the DNSO which could signal to the rest of the world that the DNSO is not interested in consensus and diversity.

    We urge the NC to reject the motion and hold an immediate election for its chair in accordance with the Rules of Procedure that are currently in effect. If it turns out that this motion is desirable by the Internet community, the motion can be voted on at some point in the future (after enough time for feedback from the ICANN community) and apply to subsequent elections.

    Jeffrey J. Neuman, Esq.
    Chair, gTLD Registry Constituency
    e-mail: Jeff.Neuman@NeuLevel.biz

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    gtld Statement on NC Election | Log in/Create an Account | Top | 4 comments | Search Discussion
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    Re: gtld Statement on NC Election
    by fnord (groy2kNO@SPAMyahoo.com) on Tuesday January 29 2002, @11:50AM (#4756)
    User #2810 Info
    This is oh so typical of everything ICANN touches. The motion could have been brought a month ago so that affected parties had time to properly respond, discuss, cognitate, whatever. Instead it is sprung at the last minute.

    Even more ICANNesque, now we have NC-ChairSquatter to add to the lexicon alongside BoardSquatter. Then there's ProBonoSquatter Joe Sims of Jones Day Reavis Pogue who has seen to it that how many $millions have gone to JDRP (and Arthur Andersen, just to be topical)? Oh, I forgot. This open, transparent, not for profit, won't give us that figure, it won't even give it to its own Directors. And just to round it off there's StaffSquatter Andrew McLaughlin, who will be offered, and who will graciously accept, any ICANN position whose acronym matches the pattern: C*O, whether he's qualified or not.

    Still more proof that the GA really doesn't fit in to the ICANN way of doing things, its last Chair and Alt Chair effectively left in advance of the end of their elected term. Perhaps we can assume from this that hanging on to power beats hanging on to powerlessness. -g

    [ Reply to This | Parent ]
    Re: gtld Statement on NC Election
    by fnord (groy2kNO@SPAMyahoo.com) on Tuesday January 29 2002, @03:01PM (#4757)
    User #2810 Info
    Caroline Chicoine has now withdrawn her motion and introduced a different one that would have substantially the same effect if passed. -g
    [ Reply to This | Parent ]
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