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[council] Some Observations



Dear colleagues,

after several weeks of travelling, during which I didn't really find the 
time to comment on the - by now - numerous threads on this list, I have 
been using the last couple of days to work on some of the current questions 
more intensely. In this context I reread the messages that were posted to 
the list during the past weeks in one go - which gave me some very 
interesting insights that I do not want to keep secret.

It is apparent that we are treating several things in extreme detail which 
someone who is used to producing results that can be implemented in 
practice, by tendency will consider completely irrelevant. Please don't get 
me wrong - I do not want to criticize but rather raise awareness for an 
impression which one can probably only gain from reading the postings of a 
longer time period in one go and then asking onesself what was in essence 
really discussed. I admit that I myself was often tempted during the past 
weeks to press the reply-button and lengthen a thread by a mere "ACK" or 
"NACK".

Let me share with you what the relevant points were that remained in my 
mind after this exercise:

The "highlight" to me was the debate over who should chair a telephone 
conference, a meeting or even the Names Council as a whole. I have seen 
several sequences here which always had the same pattern: first it was 
noted that we need a chairperson, then suggestions were made, finally we 
discussed the matter to all extents in a conference call and agreed on 
something, just to begin again from scratch on the list afterwards. In the 
second round postings were added in which some of you (correctly) voiced 
not understanding why we were continuing the discussion at all. Apart from 
the fact that it doesn't lead to anything we should be asking ourselves how 
motivated someone can be in the long term if we first ask him - like Dennis 
- to volunteer his services and then constantly ask whether he should be 
replaced by someone else.

This said, it is not at all surprising if the substance which we should 
really be discussing is not treated sufficiently. The best example from my 
perspective are the set of agreements between the DoC, ICANN and NSI 
published last week. I saw one single announcement to this on the list and 
nothing further. This is one of the main reasons why I reread the 
NC-correspondance in its essential parts - I couldn't believe that we had 
not at all been included in this process and that for over one week no one 
had seriously gotten upset about this fact. The result of my reading 
however confirmed that I hadn't overseen something (or did I?) but that we 
apparently missed out on acknowledging the process completely.

You might see this differently, but I personally consider the subject of 
the agreements DNSO-core business. The question treated is how and by whom 
the registry for the most important gTLDs shall be regulated in the coming 
years. The fact that the ICANN-Board did not include or consult us in the 
least (if so, I hereby apologize for my ignorance) is in my opinion 
unacceptable. Of course I admit that the bylaws give the NC more of a role 
as consultant rather than decision maker. Nevertheless it is evident that 
one can only be a good advisor if informed early enough and then actually 
asked for advice. If the NC has the sole purpose of applauding the Board I 
seriously have to ask myself whether I want to do the job. Apart from this 
I have always interpreted the numerous meetings which we had before the 
founding of the DNSO - just as the bylaws - in such a way that proposals 
for resolutions are either made by the NC to the Board or that, if the 
Board becomes active itself, it would present its ideas to the NC for 
review. And with "present" I do NOT mean that we may participate in a 
discussion on public mailing lists on the ICANN website once facts have 
been created.

Please note: I have said nothing about how I judge the content of the "lex 
NSI" (although I am very tempted to elaborate on how evident it is from my 
perspective that the Board was interested in peace + funding at any price). 
In any case however I believe we should try somewhat distancing ourselves 
from procedural questions and face the Board very confidently. I think we 
have the potential to do so, especially since there are some among us that 
very consciously decided against running for the Board and for staying with 
the NC.

Another item which we urgently and with some pressure should try to tackle 
- even if it is unpopular - is the role of the GA. I can only underline 
what was said in the last conference call and what Dennis expressed very 
diplomatically in his mail to Nii. The GA is a very valuable instrument, 
but it cannot be a body that competes with the NC in taking decisions or 
even giving orders to the Board. The format of the last GA-meetings, as you 
know, did not appeal to me at all and I will not support a repetition of 
this. I see GA-meetings as a dialogue between the DNSO at large and the NC. 
That means: the NC must make itself available as partner for this dialogue 
but also ensure that the discussion remains in the framework set out in the 
bylaws. I imagine something in the middle between the "ICANN open meetings" 
on the one hand (which to me are too strongly dominated by Board and staff) 
and the "good old", but rather chaotic IFWP-meetings.

I know that I have expressed my opinion rather directly and unusually 
undiplomatically for my normal style. On the other hand this might prove to 
be a good starting point for a fruitful discussion.

Best regards,
Michael Schneider

--
  --------------------------------------------------------------------
  | Michael Schneider      CEO, AboveNet Deutschland GmbH            |
  |                        CEO, World Switch GmbH                    |
  |                    Founder, Schneider & Schollmeyer Law Firm     |
  |                   Chairman, eco - Electronic Commerce Forum e.V. |
  |                   Director, European ISP Association (EuroISPA)  |
  |                     Member, Names Council of ICANN               |
  | Eschborner Landstrasse 112, D-60489 Frankfurt am Main            |
  | Phone: +49 2242 927027      Michael.Schneider@abovenet.de        |