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Re: [council] Finalization of "A Unique, Authoritative Root for theDNS"]


Erica --

         For my own attempt to work out what pre-existing policies are in 
place, and to measure the new policy paper against those pre-existing 
policies, you might take a look at my posting at 
<http://www.icannwatch.org/article.php?sid=241&mode=&order=0&thold=0>.

Jon


On Wed, 11 Jul 2001 13:19:08 +0800, Erica Roberts wrote:
        I am increasingly confused about ICANN policy and would appreciate
>        clarification of how to determine what policies were in place 
> previous to
>        ICANN's creation.
>        I assume that any claim that something is a pre-exisitng policy 
> must be
>        evidenced by reference to the Articles, By-laws or RFPs.
>        However, this is clearly a foundational issue that requires 
> clarification.
>        Louis: Can you assist in this please.
>
>        erica
>        ----- Original Message -----
>        From: "Louis Touton" <touton@icann.org>
>        To: <council@dnso.org>
>        Sent: Wednesday, July 11, 2001 1:52 AM
>        Subject: [Re: [council] Finalization of "A Unique, Authoritative 
> Root for
>        theDNS"]
>
>
>        > To the Names Council:
>        >
>        > In an effort to clarify matters:
>        >
>        >    1.  The policies that ICANN follows are not limited to those 
> adopted
>        > by the ICANN Board since ICANN was created.  They also include the
>        > policies previously in place, subject of course to revision 
> through the
>        > community-based ICANN processes.
>        >
>        >    2.  At its 2 June 2001 meeting, the Names Council passed the
>        > following resolution:  "The Names Council considers that 
> multiple roots
>        > are outside the scope of the ICANN DNSO."  Milton Mueller voted 
> for that
>        > resolution.
>        >
>        >    3.  Two days later, at its 4 June 2001 meeting, the ICANN 
> Board of
>        > Directors discussed the 28 May discussion draft of "A Unique,
>        > Authoritative Root for the DNS."  The full minutes are not yet
>        > completed, but a recording of the proceedings is available though
>        >
> 
><http://cyber.law.harvard.edu/icann/stockholm/archive/agenda-bod-060401.html
>        >,
>        > as are the scribe's notes.  As the scribe reports, the Board reached
>        > consensus that the discussion draft should be revised based on 
> comments
>        > and posted in final.
>        >
>        >    4.  Individual directors of ICANN have an important role, 
> when acting
>        > in conjunction with the other Board members, in adoption of new and
>        > changed ICANN policies.  Individual directors do not speak on 
> behalf of
>        > ICANN, however, except where they have been authorized to do so 
> under
>        > the authority of the Board.  The Board has elected Stuart Lynn as
>        > ICANN's President and Chief Executive Officer, "in charge of all 
> of its
>        > activities and business," and as such he is authorized to speak for
>        > ICANN.  As Dr. Lynn stated in presenting the finalized document:
>        >
>        >    "Based on those comments, I have finalized the document. This 
> final
>        >     version has been posted as the third member (ICP-3) of the 
> Internet
>        >     Coordination Policy series.
>        >
>        >    "Many members of the community informed me that they felt the
>        >     document is fundamentally correct and applauded it as a 
> faithful and
>        >     well-documented statement of the long-standing policies 
> underlying
>        >     the principle of a single, authoritative root capable of 
> preserving
>        >     a robust, unique naming system for Internet users worldwide. 
> Many
>        >     also provided me with constructive suggestions for improvement.
>        >     Helpful suggestions also came from some of those who were 
> critical
>        >     of the document.
>        >
>        >    "Some of the latter raised the objection that the document is
>        >     creating new policy without going through proper process. As the
>        >     discussion draft pointed out, however, it did not create new 
> policy,
>        >     but was carefully limited to articulating existing policy. The
>        >     creation of new policies implicates ICANN's community-based
>        >     consensus-development processes, but until those processes 
> achieve
>        >     new policies the pre-existing policies (whether developed 
> through
>        >     previous ICANN processes or received by ICANN at its creation)
>        >     should be evenhandedly followed.
>        >
>        >    "In evaluating the document, the essential focus should be on 
> what
>        >     policies ICANN has developed or received, rather than what 
> policies
>        >     one wishes were in place. This essential enquiry depends 
> heavily on
>        >     documentation of past statements and actions; for this 
> reason the
>        >     discussion draft undertook a careful review of these and, in the
>        >     final version, I have added some additional citations that were
>        >     suggested in the ensuing discussion. Although some of the 
> critical
>        >     comments had very thoughtful statements about what policy 
> should be,
>        >     they lacked specific documentation that the established policy
>        >     differs from that stated in the discussion draft."
>        >
>        > Best regards,
>        >
>        > Louis Touton
>        > ICANN Vice-President and General Counsel
>        >
>        >
>        > -------- Original Message --------
>        > Subject: Re: [council] Finalization of "A Unique, Authoritative 
> Root for
>        > theDNS"
>        > Date: Tue, 10 Jul 2001 08:56:54 -0700 (PDT)
>        > From: Karl Auerbach <karl@cavebear.com>
>        > Reply-To: Karl Auerbach <karl@cavebear.com>
>        > To: Milton Mueller <Mueller@syr.edu>
>        > CC: <council@dnso.org>, <owner-council@dnso.org>
>        >
>        >
>        > On Mon, 9 Jul 2001, Joe Sims wrote:
>        >
>        > > Milton, not only are your views minority, but your 
> characterizations and
>        > > facts are wrong.   As Stuart described in detail in the 
> original draft,
>        and
>        > > at the public forum meeting in Stockholm, this is a statement of
>        existing
>        > > policy, not an attempt to change policy or create new policy.
>        >
>        > Milton - You ought to save the message from which the above 
> quote was
>        > obtained; it is a first-class example of Orwellian Newspeak.
>        >
>        > The facts are these:
>        >
>        > The Board of Directors of ICANN has never adopted any policy on the
>        > matters discussed in the draft.
>        >
>        > Neither has the DNSO (which happens to be the forum designated 
> by the
>        > by-laws as the focal point for DNS policy.)
>        >
>        > So it is not correct say that it is "a statement of existing 
> policy" of
>        > ICANN.
>        >
>        > In Stockholm there was a bit of chat about Stuart Lynn's document.
>        >
>        > The chat was civil and friendly.
>        >
>        > But that chat should not be taken as implying agreement on the
>        > underlying topic.
>        >
>        > As events transpired in Stockholm, the question did not rise to 
> to the
>        > level of a properly posted resolution, much less one that was 
> voted upon
>        > by the Board, and much much less one that was approved by the 
> Board of
>        > Directors.
>        >
>        > > In addition, the Board in Stockholm authorized Stuart to 
> finalize and
>        > > publish this document as a statement of existing policy; 
> perhaps you
>        > > were out of the room.
>        >
>        > If the Board of Directors did this, then I, as a member of that 
> Board,
>        > must have also been out of the room.
>        >
>        > And the person taking the minutes must have also been absent -- 
> There is
>        > nothing in the minutes about any board decision to elevate Stuart's
>        > document to a policy statement.
>        >
>        > So it is incorrect to say that "the Board in Stockholm authorized"
>        > anybody to do anything with this document.
>        >
>        > By-the-way, Joe Sims does not speak for ICANN.
>        >
>        > --karl--
>        >



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