FYI: Draftinc-C Announcement

[Michael Schneider <sastre@anwalt.de>]

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Ladies and gentlemen,

I am happy to tell you that the so-called "Drafting-Committee" has now 
completed the work it was given in in Barcelona.

You will find at

	www.dnso.org/docs/drafting-announce.html

a short introduction to the new drafts (I attach this to this e-mail) and 
links to the respective documents. We hope that the various alternatives 
we have developed will assist the discussion in Monterrey.

I should like to add two supplementary (personal) comments here:

1.

In "Alternative 2" I have integrated a relatively extensive proposal for 
the "methods for funding the DNSO and providing funding for the 
Corporation". This proposal should be seen independently of whether you 
feel the assumptions on which the rest of the document is based (see the 
attached announcement) are helpful or not.

For your convenience I have marked in red the differences between version 
2-2 and the original version 1.

2.

It will certainly be helpful to outline briefly the course of the Drafting 
Committee's work for you.

I should like here specifically to counter the impression that this was an 
exercise dominated by the POC. The POC members on the Drafting Committee 
have been extraordinarily restrained in their comments – basically, the 
only idea to come from a POC member was the idea of publishing a number of 
alternatives rather than aiming for a single draft, in view of the 
pressure of time. Naturally this does not change the fact that the 
language of the first draft from the POC is still present at many points 
in the new draft.

Even so, it seems to me important to note that all ideas in the draft have 
been discussed extensively and in detail, and that I have seen no evidence 
of an attempt by anybody to push their views through in an unreasonable 
way. I am also pleased to say that all members of the Committee have stood 
above relationship to any stakeholder in the formation of ICANN and 
focused solely on the task set us in Barcelona (with the risk that our 
constituencies may criticise the results).

With best regards,
Michael Schneider

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        Announcement of the Drafting Committee:

  The Barcelona meeting left a great many issues unresolved, and
  uncertainty even about some basic definitions.  Consequently, the
  possible solution space for a rewritten Application is very large,
  and the Drafting Committee simply did not have time to find an
  optimal solution in that space. 
  
  Consequently, we have produced three alternative drafts.  We don't
  present these as alternatives from which one must be selected --
  rather, we present them as examples of the wide variety of
  possibilities. 

  Alternative one is closest to the original.  It attempts to include
  the consensus points from the Barcelona meeting, with very little
  consideration of consequences or internal consistency. 

  Alternative two attempts to simplify the structure in a manner
  that reflects some input from work in other SOs.  This attempt to a
  higher level consistency resulted in a renaming -- what was the
  "governing committee" is now called the "names council", and what
  was the "names council" now is "the membership". 
  
  Alternative three eliminates the name "names council" entirely,
  since there is fundamental confusion as to what the ICANN bylaws
  intended.  What was the "names council" is simply considered a
  category of membership in the DNSO.  This draft explores the
  implications of that kind of a structure. 

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-- 
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 | Michael Schneider Chairman, eco - Electronic Commerce Forum e.V.   |
 |                   Director, Regulation and Selfregulation EuroISPA |
 |                   Chairman, Complaint Commission of the German     |
 | c/o                         Multimedia-Service-Providers Hotline   |
 | Michael Schneider & Partners Law Firm,   Phone: +49 2242 9270-0    |
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