[NOTE ==>  Please excuse the cross-postings.  The IFWP 
list is down once again, and this is one way to ensure 
wide distribution.]


Hello everyone,

What follows is my personal interpretation of the events 
surrounding the Washington DNSO meetings that occurred on 
January 21st and 22nd.

History

In response to the ICANN formation process, a self 
forming group came together and formed the DNSO.org 
process.  They had two open meetings, one in Barcelona, 
Spain, and one in Monterey, Mexico.

A rough consensus document was drafted after each of 
these meetings, and a substantial number of the 
registries, ISPs, etc. were contributing to the process.

After Monterey, the trademark/business (TB) community 
decided to put forward their own draft.  In an effort to 
consolidate these drafts into a single draft, a handful 
of the DNSO.org leaders started private negotiations with 
a few of the TB interests.

While the resulting "Merged" draft appeased the TB 
interests, many of the others who participated in the 
open DNSO.org process felt alienated.  That's when Dr. 
Lisse, Michael Sondow, and others started to vehemently 
complain about how the DNSO.org process had been 
hijacked.

To build consensus around the "Merged" draft, the TB 
interests joined with the DNSO.org leaders to plan a 
closed DNSO meeting on January 21st, and an open DNSO 
meeting on January 22nd.  It was hoped that these 
meetings would lead to a single consensus document.

But as these meetings approached, some who were 
disenfranchised by the "Merged" draft process put forward 
their own documents.  By the time of the meeting, there 
were five different drafts on the table.


The Outcome

Under the direction of a professional mediator, a 
representative from each of the five drafts struggled to 
find areas of agreement, as well as areas where there was 
no agreement.

My impression of this process was that there are only 
a few, major philosophical differences that must be 
resolved.  One is whether the DNSO will feature a top 
down, or bottom up decision making process.  The other 
is whether the DNSO membership will be flat and 
inclusive, or structured and limited.

The way I see this shaping up, we have the TB interests 
supporting a DNSO that features top down decision making 
and a structured, limited membership.  We have a majority 
of the ccTLD and gTLD registries supporting the opposite.

What each side must come to realize is that they each 
have a veto in this process.  If the TB interests don't 
agree, then we don't have an agreement.  If the 
registries don't agree, then we don't have an agreement.

In other words, unless both sides are willing to 
compromise, we won't have an agreement :-(

The Key to Compromise

To get past the divide that separates these two 
stakeholder groups, we must get past the goals that they 
are pursuing, and explore the rationale for their 
respective positions.

For example, the Registries won't support a top down 
decision making process because they are the ones who 
will be impacted by these decisions.  They also know that 
there is no way that ICANN can force them to do anything, 
unless they voluntarily agree to give ICANN that power.

The TB interests, on the other hand, really need a fast 
and simple way to establish some rules for the Internet.  
They can either build a system of contracts as suggested 
in the White Paper, or they can spend the next 100 years, 
and millions of dollars trying to get legislation and/or 
treaties passed in every country plugged into the 
Internet.

My point is that both of these stakeholders have 
legitimate concerns.  It is these concerns that need to 
be accommodated in a compromise solution.  Arguing about 
details without addressing these big picture items is a 
waste of everyone's time, and will not get us any closer 
to a single consensus draft.

Speaking of which, we only have until February 5th to put 
forward a DNSO proposal.  If there is only one consensus 
draft, then it will likely be approved at the ICANN BoD 
meeting on March 3rd.  If not, then all bets are off.


Respectfully,

Jay Fenello
President, Iperdome, Inc.  
404-943-0524  http://www.iperdome.com


P.S.  This discussion will be continued on the ORSC 
list.  Please join us if you'd like to participate.
See http://www.open-rsc.org/lists/ for more info.

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