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    Highlights of the ICANNWatch Archive
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    ICANN and consensus | Log in/Create an Account | Top | 2 comments | Search Discussion
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    Re: ICANN and consensus
    by lextext on Sunday August 26 2001, @06:37PM (#2031)
    User #6 Info | http://www.lextext.com
    Chuck has this just right. In fact, in presenting the WG-D report to the Names Council, I made a similar point:

    Second, in some instances, a Working Group process may be preferable to a task force or some other small group. One of the primary goals of the ICANN consensus policy-making process is to bind a recalcitrant participant to a consensus policy on which it does not agree. For example, the ICANN-accredited registries and registrars are only bound to consensus policies that are supported by:

    a written report and supporting materials (which must include all substantive submissions to the Supporting Organization relating to the proposal) that (i) documents the extent of agreement and disagreement among impacted groups, (ii) documents the outreach process used to seek to achieve adequate representation of the views of groups that are likely to be impacted, and (iii) documents the nature and intensity of reasoned support and opposition to the proposed policy.
    While open Working Groups are not the only means for the "outreach process" described in the contracts, they are the most open, broad-based mechanism available for bottom-up decision-making. The risk of implementing a policy process that involves fewer participants or that lacks a meaningful opportunity for participation is that it will not stand up to a legal challenge by a party who wishes to contest the legitimacy of an ICANN consensus policy. The Working Group process potentially provides one of the best mechanisms for meeting the consensus requirements in many of the ICANN contracts, and the reports specified in the Working Group D report are designed to meet the rigors of the definition above.

    The current Names Council has certainly streamlined the processes, but it may well find that the work product it produces is inadequate to have a binding result.

    -- Bret

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