[ncdnhc-discuss] Resolution on GAC

[Milton Mueller]

Resolution on the GAC September 9 2001
Communique and the ICANN's Board's response

1. Whereas: Supporting Organizations are defined in 
ICANN's bylaws as "advisory bodies to the Board, with the 
primary responsibility for developing and recommending 
substantive policies regarding those matters falling 
within their specific responsibilities" (Article VI, Section 
2 (b), and

2. Whereas: Article VI, Section 2 (c) of the ICANN bylaws 
requires the Board to "refer proposals for substantive 
policies not received from a Supporting Organization to the 
Supporting Organization, if any, with primary responsibility 
for the area to which the proposal relates for initial 
consideration and recommendation to the Board." and

3. Whereas: the issue of country name reservations
in new top-level domains is clearly a "substantive
policy" regarding domain names and as such 
falls within the the DNSO's area of responsibility:

Resolved, that the Noncommercial domain name
holders constituency 

1. Advises the staff and Board of ICANN that the 
GAC communique of 9 September, 2001 raised
substantive policy issues and should have been
referred to the DNSO for initial consideration;

2. Condemns ICANN Board resolution 
01.93, adopted in Montevideo September 10, 2001,
as a violation of the ICANN by-laws;

3. Rejects the President's Action plan as yet
another violation of the Corporation's by-laws,
for describing a process of policy making that
bypasses the DNSO;

4. Calls upon the GAC to respect ICANN's
organic, bottom-up processes, and to 
refrain from all attempts to set 
domain name policy without going
through the DNSO.