Re: [ifwp] Re: DNSO documents

[Bret Fausett <baf@fausett.com>]

I wrote:
>> > Part of the problem here is that the ICANN Bylaws suggest that ICANN will 
>> > "recognize" an SO and that it will review "applications for recognition." 
>> > This certainly suggests that SOs may be pre-existing entities (whether 
>> > corporations or not). 
>> >
>> > It is also not clear (at least from my reading of the ICANN Bylaws) that 
>> > ICANN "recognition" is tantamount to becoming a formal part of ICANN.

Karl Auerbach wrote:
>> Yes, it is very fuzzy.

Kent Crispin wrote:
>The bylaws are (I believe) *deliberately* vague on this point. 
>Postel, Sims, and Co explicitly did not want to prejudge the
>structure of the SOs. 

So then let's play this out. Assuming that dnso.org elects not to 
incorporate and succeeds in its goal of receiving ICANN recognition as 
the DNSO, what then? What is the legal status of the DNSO? Is it a formal 
part of ICANN? If so, how did it attain that status? Simply by virtue of 
the application being accepted? Does the ICANN Board pass a resolution 
making the successful applicant a division of ICANN? Does the Board have 
an opinion on this?

I've stated a preference for incorporating because it gives dnso.org more 
control over its legal status and does not leave important legal 
protection for its members to ICANN Board decisions that are beyond its 
control. I'll admit though, this is a complete non-issue if ICANN plans 
to make the SOs a part of itself, as opposed to simply "recognizing" 
them. Does anyone have a sense of what the ICANN Board wants to do here? 

-- Bret