Operation "Clear Light of Day"

[Robin Gross]

Dear all,

The preliminary meeting notes from last week's ICANN Board Meeting  
(where it defied noncommercial users and voted 10-4 to impose the  
very structure on noncommercial users that harm noncommercial  
interests) seem to indicate that the board had little debate and no  
information from actual noncommercial users about the issue it was  
voting on.  No NCUC materials were given to the board and our  
comments to raise concerns are discounted by calling them "a letter  
writing campaign".  ICANN staff and SIC leaders managed the entire  
"show" and thinks it will not have to re-evaluate its decision for  
another year.

But we should file for an immediate reconsideration of the fait-de- 
complis decision and insist that the full board hear from actual  
noncommercial users directly (not SIC/staff's mischaracterizations).   
And we should take the managed decision and rigged process to the  
ombudsman to help build the public record and to require further  
explanation from ICANN.

A few key questions need to be answered: Why did SIC leaders and  
staff table a NCSG charter for board adoption that did not have a  
single comment in favor of it from any noncommercial organization  
(and 80+ noncommercial orgs and individuals strongly against it)?   
How has ICANN taken public comments from noncommercial users into  
account in this kangaroo proceeding?

This contrived decision cannot withstand the Clear Light of Day being  
shone on it.

Robin

http://www.icann.org/en/minutes/prelim-report-30jul09.htm

......

B. Regular Agenda

 From the Structural Improvements Committee regarding GNSO Improvements
Stakeholder Group Charters
The Board discussed the public comments received regarding the  
proposed Stakeholder Group Charter for the Non Commercial Stakeholder  
Group and the opposition raised by some of the members of the current  
Non Commercial Users Constituency, and discussed the need to clearly  
state that the period of time for which the transitional charter will  
remain in effect and that, upon reevaluation after the transitional  
period, the Board will reevaluate in full, including but not limited  
to the continued need for a constituency-based model. The Board  
received an update from Staff regarding the necessity for all  
proposed charters to be approved together to allow for the GNSO to  
move forward and seat the new council in Seoul.

The Board then took the following action:

Whereas, the Board determined at its May 2009 meeting that most of  
the New GNSO Stakeholder Group Charters required revisions to ensure  
equitable participation and representation by new Constituencies and  
alignment with the Board-approved GNSO Improvements Report;

Whereas, the Board’s Structural Improvements Committee (SIC)  
developed, posted, and discussed with the community revised SG  
Charter documents;

Whereas, the Staff has made further administrative and substantive  
edits to conform the documents with the SIC’s intention s, to address  
additional community comments and to resolve various, non-substantive  
typographical, form and style changes;

It is RESOLVED (2009.30.07.09), the Board approves each of the  
Charters of the Registries Stakeholder Group, The Registrars  
Stakeholder Group, The Commercial Stakeholder Group and the Non- 
Commercial Stakeholder Group as revised by the Structural  
Improvements Committee (copies of which accompany this resolution).  
The Board also approves additional charter elements to ensure the  
Bylaws principles of transparency, openness, fairness and  
representativeness and each Stakeholder Group is further directed to  
incorporate those additional charter elements into its permanent  
charter document at its earliest opportunity.

The Board will re-examine the Stakeholder Group structures and their  
operations in one year and, thereafter, every three years to assure  
adherence to the ICANN Bylaws principles.

In view of this resolution, the Board directs the Staff to re- 
initiate its work with the GNSO Constituency leaders to complete any  
necessary additional work on the re-confirmation of their existing  
charters (consistent with the principles and elements adopted with  
respect to the Stakeholder Group Charters) so that the

Board can act on those documents at its September special meeting.

Ten of the Board members present approved of this resolution. Three  
Board members opposed the resolution. The resolution passed.

Another Board Member who was not present at the time of the vote but  
was present later in the meeting, also asked that her dissent and  
asked that it be placed on the record regarding the board’s role in  
making appointments.

......






IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin at ipjustice.org



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