[ncdnhc-discuss] In Support of an NCSO

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Thu Aug 30 14:33:46 CEST 2001


I think there can be little question that *procedurally* YJ's motion is
entirely in order given the months of history here.  (It is in any case
more in order than the ccTLD proposals, and those seem to be moving
forward; it's also, we should all understand, far less likely to pass
since they will pay ICANN a lot of money and we cannot, and money not
people have the greatest voice in this process.)

So ambitious a project of course invites discussion as to the merits, and
the details of implementation.

I propose to start a thread dealing with it at the highest level before
going to the details.

So: Is there anyone on this list who seriously doubts the value of having
separate groups to represent the very disparate interests identified by YJ?
Is there any counter-logic in lumping academic institutions with consumer
groups?   

And, What are the logical/practical divisions? I have to say that from my
perspective, and given that there will of course be some inevitable
arbitrariness in any line-drawing that attempts to sort the
multifariousness of human activity, YJ's proposal looks pretty good.

But perhaps someone has a (as Alejandro would say "constructive") idea for
an even better set of divisions among the various types of non-commercial
entities?

On Thu, 30 Aug 2001 DannyYounger at cs.com wrote:

> Alejandro writes:  "Any restructuring as massive as the one you are proposing 
> must be based on
> careful consideration of the results of the DNSO Review as well as the ALSC, 
> the views of other DNSO constituencies, and complex issues such as one you 
> mention..."
> 
> I would like to comment on the "results" of the DNSO Review.  
> 
> At the point that the membership of the Review Working Group began arriving 
> at conclusions that threatened the ongoing dominance of certain 
> constituencies, the Review Working Group was instantly terminated by the 
> leadership of the Council.
> 
> The Council was subsequently given the opportunity by the Board, via 
> resolutions 01.28 and 01.29, to put forth plans that outlined DNSO procedural 
> and structural changes.  The Council declined to put forth any such plans 
> within the timeline specified or thereafter.
> 
> In the last six months, the Council's Review Task Force has generated no more 
> than nine brief messages on their Task Force mailing list, and has not 
> considered any restructuring options whatsoever.  
> 
> Their is no intent on the part of the Council to either "manage" a Review, or 
> to reform.  
> 
> We have a dysfunctional unit (the DNSO) within our ICANN organization.  The 
> management of that unit was afforded the opportunity to evaluate and correct 
> its problems.  It elected not to do so.   In light of the ALSC proposal, it 
> would be thoroughly appropriate along functional lines to decommission the 
> DNSO and to reintegrate its constituent units into new structures.  
> 
> If you cannot treat a cancer, you must cut it out.  
> 
> The proposal that YJ has put forth is indicative of a proper step forward in 
> the evolution of our organization.  It recognizes that there are 
> institutional needs that are not sufficiently addressed only within the 
> context of an ALSO, and that those needs cannot be served by continued 
> participation in a dysfunctional DNSO that is not amenable to change.
> 
> I support her efforts to achieve bottom-up self-organization as the needs of 
> her constituents are not being met within the present structure.  While such 
> restructuring may be perceived by some as "massive",  it is both warranted 
> and in the best interests of the Corporation.  
> 
> 
> 
>  
> _______________________________________________
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> Discuss at icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss
> 

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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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