Hi,
Clearly one of the faultlines in the two DNSO applications is the power of
the Names Council -- or lack of it -- to act independently. Christiaan van
der Valk of the ICC mentioned to us several times at the Paris meeting that
there were times when something needed to get done, and that the structure
proposed by the Paris draft was too cumbersome.
I have taken that concern to heart and I have drawn up some language to
define procedures whereby things can get done quickly, if necessary.
Bearing in mind that the DNSO cannot *do* anything except forward
recommendations to the ICANN, I have called these procedures "Expedited
Recommendations." The thought behind them is that there are indeed
extraordinary circumstances where something needs to get done quickly, but
that they should be exceptional.
I think this may be the beginning of an acceptable compromise in this area.
Here is a target, please shoot at it.
Antony
P.S. Please feel free to repost
Expedited Recommendations
a) Purpose of Expedited Recommendations
>From time to time an issue or concern may be so pressing and imminent that
the usual methods of the DNSO for forwarding its recommendations to the
ICANN Board will not serve the purpose. In such cases the DNSO may forward
to the ICANN Board an Expedited Recommendation. The purpose of the
Expedited Recommendation is to give ICANN Board a sense of the DNSO's likely
final recommendation concerning the issue at hand, so that when in its
judgment it must act quickly it will not lack for guidance from the DNSO.
The Expedited Recommendation is, however, preliminary, and is not a final
recommendation of the DNSO until ratified by the DNSO according to the usual
methods in force.
a) Formation of a Special Research Committee
The Names Council may form, by a majority vote, a Special Research Committee
(SRC) to consider an issue of pressing importance, and to report its
findings to ICANN in the form of a Expedited Recommendation, under the
following circumstances:
i) Upon a request from the Board of ICANN
ii) Upon a 2/3 vote by the Names Council
iii) Upon petition signed by 15% of the members of the DNSO
b) Composition of the SRC
The SRC shall be appointed by the Names Council and shall be formed of 8
persons, of whom four shall be drawn from the General Assembly, and four
from the Names Council. Additional expert assistance from outside the DNSO
may be solicited by the SRC at its discretion. The Names Council shall
choose the members of the SRC using Single Transferable Voting or other
proportional representation voting method.
d) Reporting and Archiving of Proceedings
Given the extraordinary nature of the Expedited Recommendation, the full and
complete proceedings of the SRC shall be transmitted to other members of the
DNSO with a minimum possible delay. A complete record of the deliberations
of the SRC shall be kept, including, but not limited to, a verbatim record
of any deliberations, and a record of any exhibits, submissions, or
correspondence considered by the SRC.
e) Report of the SRC
The SRC shall, no earlier than five days and no later than ten days from the
date it is formed by a vote of the Names Council, forward to the Names
Council the complete record of its deliberations, along with a statement
signed by the members of the SRC indicating its recommendation concerning
the issue at hand, if any.
f) Transmission of the Expedited Recommendation to ICANN
Following its receipt of the Expedited Recommendation from the SRC, the
Names Council shall with the shortest possible delay forward the entire
record of the SRC proceedings to the ICANN Board. The Names Council shall
include a Transmittal Letter signed by members of the Names Council and
addressed to the Board of ICANN, indicating whether in their judgment the
recommendation of the SRC is likely to be adopted as a final recommendation
by the DNSO. Minority or dissenting opinions shall be appended to the
statement in their entirety.
