Comments On The INTA Application For Recognition As The Domain Name Supporting 
Organization

(A preliminary, partial commentary has already been posted; this is the final version.)

Prefatory note: 

It is out of place for a trademark group to submit such a DNSO application - which 
includes, among other things, criteria for membership and mechanisms for determining 
"legitimate" interest in the DNS - since it is questionable whether trademark 
associations themselves have an interest in the DNS that justifies their inclusion in 
a DNSO since they represent companies and corporations which themselves form a DNS 
constitutency that is represented. (Also, see for example the study by M. Mueller 
[http://istweb.syr.edu/~mueller/study.html] and comments to WIPO of the DNRC 
[http://wipo2.wipo.int/process/eng/processhome.html]). 

Viewed in this light, the INTA's proposal for a DNSO may be little more than an 
attempt on its part to preempt the raising of doubts as to the INTA's own claim to 
having an interest in the DNS; and any definitions by the INTA of what constitutes 
legitimate interest in the DNS are therefore suspect, since those definitions will 
naturally admit the INTA while excluding entities which are in opposition to the INTA 
on domain names and trademark issues, or which do not recognize a justification for 
the INTA's participation in the DNSO, or the appropriateness of an application from it.

Therefore, while not recognizing the validity of this proposal as such, the following 
comments are offered on specific articles in it (enclosed between dotted lines below) 
in order to indicate their incorrectness and perniciousness, because the DNSO might 
mistakenly consider them in the drafting of its own application. 

....................................................................
ARTICLE II. OBJECTIVES

The objectives of this organization shall be to generally protect and promote the 
interests of all users of the Internet, and more particularly to disseminate 
information and make recommendations and policy regarding (1) TLDs; (2) the operation, 
assignment and management of the domain name system; and (3) other related subjects, 
including the relationship between trademarks and domain names. The objectives of the 
DNSO shall be carried out in via means that are open, transparent, and 
non-discriminatory. 
.....................................................................

Comments:

1) The first sentence should be changed so that it stops at the word "Internet". As it 
presently stands, purposes 1, 2, and 3 take precedence over the protection of the 
interests of all users.

2) Neither the DNSO nor ICANN should have the authority to regulate the relationship 
between trademarks and domain names, a relationship which it considers artificial and 
properly left, in those instances in which a conflict may arise between trademark 
holders and domain name holders, to the civil courts to decide, as they have always 
done in such cases. 

The efforts of the INTA and other organizations representing trademark holders to 
fabricate an identity between trademarks and domain names is an attempt to appropriate 
domain names for these organizations' commercial use, a purpose for which domain names 
were never intended and are not properly designed.

The phrase "including the relationship between trademarks and domain names" would 
define the DNSO as an organism for regulating trademark issues, which the DNSO should 
not be. The DNSO cannot replace the legal instances already in place for this purpose, 
since it has no mandate from any legislative authority to do so. Such a usurpation of 
the prerogatives and jurisdiction of the civil authorities constituted for the purpose 
of trademark controversy resolution would not only put the DNSO in jeapordy of legal 
action against it but waste its resources unnecessarily, to the detriment of its 
legitimate, necessary, and urgent functions. The phrase should therefore not be 
included in an application for a DNSO. 

...................................................................
ARTICLE III. MEMBERSHIP

1.Classes

The Domain Name Supporting Organization ("DNSO") shall be composed of representatives 
from (1) name registries, (2) registrars of top-level domains ("TLDs") and country 
code domains ("ccTLDs"), (3) businesses, (4) other entities that are users or have 
"legitimate" interests involving the Internet, and (5) trademark and 
anticounterfeiting Interests.
...................................................................

Comment:

The word "legitimate" should be struck from number 4 of this section as it implies 
that there are illegitimate interests in the DNS and that one group or sector (in this 
case, the writers of the proposal) has authority to decide which are those interests.

Classes 3 and 5 should not be comprised of the same persons or entities (see 
Art.IV,1,a below)

...................................................................
ARTICLE III. MEMBERSHIP

1.Classes (cont'd)

Other Entities that are Users or Have Legitimate Interests Involving the Internet

An individual, firm, association or corporation that uses the Internet or has a 
legitimate interest in the objectives of the DNSO, excluding Name Registries, 
Registrars, Businesses, and Trademark and Anticounterfeiting Interests, and including, 
but not limited to, Internet Service Providers, consumers, and consumer groups. 
....................................................................

Comment:

1) Strike the word "legitimate" (for the reasons given above).

2) Change "the objectives of the DNSO" to "the Domain Name System", because the 
objectives of the DNSO may not be sufficiently broadly
defined, and anyone with an interest in the Domain Name System should be able to join 
the DNSO.

3) Change "... including, but not limited to, Internet Service Providers, consumers, 
and consumer groups." to "including, but not limited to, Internet Service Providers, 
not-for-profit Internet users, independent Internet users, and consumers and consumer 
groups." The original definition is clearly an attempt by the INTA to exclude the 
public sector from participation. Furthermore, every independent Internet user who has 
a domain name thereby has an interest in the Domain Name System. Indeed, it is they 
who are the foremost users of the Internet and maintain the predominant activity of 
the Web.

..................................................................
ARTICLE III. MEMBERSHIP

1.Classes (cont'd)

Definition of Legitimate Interest

Any individual, firm, association or corporation having gross revenues of or spending 
at least $xx in connection with Internet-related activities shall be deemed to have a 
legitimate interest in the DNSO. The Names Council shall be responsible for 
determining whether this criterion is met.
..................................................................

Comments:

Why does this section come after that on "Other entities"? Does the INTA pretend that 
the "other entites" isn't a legitimate category? If this section, which should not be 
allowed in any case, had a place in this document, it should come before or after the 
entire article and not be included as a modification of a particular class. It could 
just as well be placed after the section on trademark interests, to question their 
legitimacy.

In brief, this is merely another transparent attempt by the INTA to exclude the public 
sector and the independent users from participation in the DNSO. The whole paragraph 
should be deleted.

Regarding membership selection, see my proposal for a membership Committee, below.

..................................................................
Trademark and Anticounterfeiting Interests

An individual, firm, or association, excluding name registries, registrars, and 
businesses, whose primary interest is the protection of trademarks or the effort to 
stop trademark counterfeiting and infringement. Each Trademark and Anticounterfeiting 
Interest shall have the right to one vote at the Annual Meeting of the DNSO.
..................................................................

Comments:

As stated above, lawyers and others who represent business clients having domain 
names, whether they be trademark law firms or trademark associations, or any other 
entities who represent domain name holders in legal disputes, have no right to voting 
participation in the DNSO. Giving it to them would be tantamount to giving my lawyer 
voting privileges, or the lawyers who represent ISPs, registrars, registries, and 
other DNS interests membership and voting privileges in the DNSO. Certainly businesses 
having domain names and who use the Internet have an interest in the domain name 
system, but under no justification can the lawyers and others who represent them, and 
in particular who represent them in trademark disputes, also be granted membership. 
These persons and legal businesses have no interest in the DNS other than their 
clients', and therefore it is their clients who should be members, not they. This is 
an effort by brand-name businesses to stack the DNSO with their people !
and control it, and should be stopped.

...................................................................
ARTICLE III. MEMBERSHIP

2. Method of Election

Each application for membership in the DNSO shall be submitted in writing on a form 
approved by the Names Council. The application shall require each applicant to submit 
a statement clearly and concisely documenting the applicant�s (a) involvement with 
respect to the objectives of the DNSO, and (b) legitimate interests in these 
objectives. The Names Council shall give prompt consideration to each applicant�s 
qualification for membership in the class designated and vote upon the application. An 
applicant must receive the affirmative vote of a majority of the Names Council to be 
elected to membership. Any applicant not receiving favorable action by the Names 
Council shall be submitted to the Board of Directors for ICANN for final action.
...................................................................

Comments:

Strike out the entire section and replace it with the following:

Proposal for the Formation and Function of a DNSO Membership Committee.

A Membership Committee of the DNSO shall be formed, comprised of one
member of the Names Council, who will also act as the Committee's
Chairman and report on Committee activities to the Names Council, and
one member of each of the Constituencies. The Membership Committee's
function will be to review applications for voting membership in the
DNSO.

The Names Council member of the Membership Committee will act to assure
that all applicants for membership in the DNSO fulfill the minimum
criteria for membership in the DNSO, for example that they possess a
domain name (if that is so decided). The other Committee members will
act to assure that applicants have applied with the appropriate
Constitutencies, and that they fulfill the Constituencies' minimum
requirements for membership.

The Committee will circulate applications for membership among its
members, or otherwise perform its function, with as little expenditure
of time and effort as possible and by employing Internet-based
communications. It is further understood that the Committee's function
is to include in the DNSO as many entities with an interest in domain names as 
possible, rather than to exclude any entities or parties by devising restrictive 
practices or by exerting personal opinion, and that cases of rejection of an 
application for membership in the DNSO will be unusual, the onus of defending such 
rejections bearing on the Committee.

_______________________________________________________________________

(Comments on the INTA proposal, continued)

......................................................................
Article IV. Names Council.

(a) Composition.

The Names Council shall be composed of the same classes of membership as the
DNSO, and have the following composition:

xx members                      business 
xx members                      registries
xx members                      registrars of TLDs
xx members                      users and others 
xx members                      trademark and anticounterfeiting interests
.......................................................................

Comments:

As per the comment to Art.III, 1.Classes (above), if the business and trademark 
interests classes have the same or predominantly the same members, they would have a 
disproportionate number of representatives on the Names Council. In effect, no 
interest should reasonably be able to choose members of the Names Council from more 
than one Class, as this would give it an unfair advantage in the Names Council. In 
order to prevent this, no business or other entity should be allowed to vote for 
members of the Names Council from more than one Constitutency.


.......................................................................
(b) Election

Names Council members shall be elected only at an Annual meeting of the DNSO. 
At least xx months prior to said Annual meeting, the Names Council shall set a
xx day period in which DNSO members may be nominated for membership to the
Names Council, and shall give all DNSO members xx days notice of such
nomination period.  Only DNSO members from a designated class of membership
may be nominated for membership on the Names Council in such membership class,
and only DNSO members of such membership class may nominate and vote on such
nominee.  No DNSO member may nominate more than one Names Council member
nominee.  All nominations must be submitted to the Board with a statement
clearly and concisely documenting the DNSO member�s (a) involvement with
respect to the objectives of the DNSO, and (b) legitimate interests in these
objectives.  Nominations which are either not timely submitted or which fail
to provide a legitimacy statement as set forth above shall not be considered
by the Names Council.  Upon the close of the nomination period, the Names
Council shall notify all DNSO members of the nominees for each class of
membership.  The nominees for each class of membership receiving the majority
of the votes therefor shall be elected to such class membership.
...................................................................

Comments:

The wording of the first section suggests that it is the Names Council which
dictates to the members, rather than the other way round. This may seem natural
to the INTA, imbued as it is with the corporate mentality, but is anathema to a
Supporting Organization of the ICANN.

It is not, therefore, the Names Council who will set the nomination period, nor
they who will give the membership notice of it. Rather, these logistics should
be set in the bylaws or rules of the DNSO, for the Names Council to adhere to
quite as well as the membership.

Sentence five, beginning "All nominations must...", is wholly inadmissible, for one
thing because there is no "Board" (the INTA has made a "Freudian" slip here), and
for another because nominations, in a democratic system, cannot be submitted to a
council for the election of whose members they are intended, but rather must be
submitted to an Election Committee specially designated for the purpose and
responsible to the membership. Furthermore, there can be no 
inquisition of members as to their "involvement with respect to the objectives of
the DNSO" or their "legitimate interests in these objectives", as the language of 
this paragraph calls for. If a person is a member of a constituency of
the DNSO, his or her credentials for nominating and voting are already satisfied.
This language of the INTA's is not just an insult to the Constitution of the United
States and to the character of Internet domain name interests, but is a transparent 
ploy of the INTA to whitewash their own lack of justification for participating in
this process.

The rest of the paragraph is superfluous.

.......................................................................
(c) Term

The term of membership on the Names Council shall be three years, and a member
from each class of membership will be elected each year, so that the
three-year terms will be staggered.  In the first two years, a random drawing
shall determine which class of membership initially has members serving one or
two year terms.
.......................................................................

Comments:

Why should this staggering of members' terms be done by classes or constituencies?
Since three are elected from each constituency, they can initially be elected for
one, two, and three years, respectively.

.......................................................................
(d) Meetings

The members of the Names Council shall be required to meet at least four (4)
times per year.  The time and place of this meeting shall be selected by the
Chairperson of the Names Council.  The place of each meeting shall change to
accommodate the international composition of the Names Council.  Special or
emergency meetings may be held at such times and places (1) as the Names
Council may decide, (2) at the call of the Chairperson, or (3) on the written
requests of the majority of the member of the Names Council.
.......................................................................

Comments:

In the last sentence, numbers (1) and (3) are ambiguous. How, after all, should the 
Names Council "decide" if not by majority vote? (1) should be deleted.

A third condition for meeting should be added: (3) by majority vote of the membership 
of
the DNSO.

.......................................................................

(e) Vacancies

In the event of a Names Council member�s death, resignation, ineligibility or
inability to perform the duties of a member of the Names Council, a majority
of the Names Council then in office shall have the power to designate a
successor to serve for the remainder of 
the term of such Names Council member.  Only a person eligible to serve as a
Names Council member shall be eligible for such designation.
.......................................................................

Comments:

Names Council members should not be designated by the Names Council. Furthermore,
there is no need for it. If a member of the Names Council can no longer serve, a new
member can be elected by his or her constitutency or class. The Names Council exists
to represent the membership, one would suppose, and not the other way round, as the 
INTA would have it.

.......................................................................
(g) Selection of DNSO Representatives for the ICANN Board

Pursuant to Article V, Section 4 of the ICANN By-laws, the DNSO is accorded
three (3) seats on the ICANN Board.  Selection of the DNSO representatives for
the ICANN Board shall rest with the Names Council.  The Names Council shall
ensure that all candidates have a significant understanding of the
relationship between the Internet and  business practice, intellectual
property, free-speech, and consumer protection.  Approval of a candidate for
the ICANN Board shall require a 2/3 majority vote by the Names Council.  
.......................................................................

Comments:

Selection of the DNSO's representatives on the ICANN Board may be nominated by
the Names Council, but their selection should be put to ratification by the
DNSO membership in order to ensure a democratic, bottom-up procedure.

The whole third sentence should be struck out, as being nothing other than more 
of the INTA's KGB-like tactics to ensure compliance with their views. What does 
it mean, after all? That only those members of the Names Council who are in 
agreement with the policies of the INTA can be designated for the ICANN Board? 
The INTA will perhaps pardon the DNSO participants for having a certain 
skepticism as regards the INTA's commitment to free speech and consumer protection.

.......................................................................
(i) Task Force

The Names Council shall appoint a special task force to research, investigate,
and interview potential candidates for the DNSO seats on the ICANN Board. 
Members of the Task Force shall be selected from the membership of the DNSO.
Upon completing a list of candidates, said list shall be forwarded by the Task
Force to the Names Council.
.......................................................................

Comments:

This is more top-down corporatism. If candidates for ICANN Board seats need to
be searched out, that job should be alloted to an ICANN Board Nominating Committee,
not any "Task Force". As to "investigating" potential candidates, perhaps the
INTA would like to entrust that to the FBI?

.......................................................................
ARTICLE V.  OFFICERS, COUNSEL AND EMPLOYEES

Election and Duties

The officers of the DNSO shall be a President, who shall also be Chairperson
of the Names Council, an Executive Vice President, not more than xx other Vice
Presidents, a Secretary and a Treasurer, each of whom shall be elected from
DNSO members at the Annual meeting by a majority vote to serve until the next
Annual meeting or until a successor shall have assumed the duties of the
office.  No one shall be eligible to serve successive terms as President.  The
Names Council may likewise elect such other officers as it may from time to
time deem advisable, and they shall perform such duties as the Names Council
may prescribe.
.......................................................................

Comments:

This whole paragraph is not only superfluous but outrageous. The Chairperson of
Names Council can simply be elected by the Names Council members. There should
be no Vice Presidents, or any other officers with undefined powers for which 
they have no responsibility to the membership. As to the Names Council selecting
further undefined officers on its own without election by the membership and
prescribing duties to them, any right-minded person can see where that will
lead. All this is in total contradiction to the ICANN bylaws' transparency
and accountability rules.

.......................................................................
 2. President

The President shall preside at all meetings of the DNSO, and shall be the
executive head of the DNSO, directly responsible to the Board of ICANN for the
conduct of all DNSO operations and activities.  The President shall have the
authority to delegate to Name Council members or Committee Chairpersons such
duties as seem appropriate for the administration thereof under the
President�s general supervision.  The President shall submit at each Annual
Meeting of the DNSO a report of the activities of the DNSO during the
proceeding year.
.......................................................................

Comments:

As was argued above, no President is needed, only perhaps a chairperson selected 
from the Names Council membership. But even were there to be a President, why 
in heaven's name should that person be responsible to the Board of ICANN, and
how could they be, since they are not one of the ICANN Board members from the
DNSO?

Regarding this superfluous President's authority, since when does anyone have
the right "to delegate to Name Council members or Committee Chairpersons such
duties as seem appropriate" to him? That is for the committees to decide, in
agreement with the Names Council members they have elected. If the INTA wants 
to experiment with authoritarian government let them go to South America and 
see if they can find a dictator who will accomodate them, although there are 
few left there or anywhere else, save perhaps in the INTA's dreams.

.......................................................................
3. Vice President

  (blah-blah-blah)
.......................................................................

Comment:

Strike out all references to Vice-Presidents and other top-down, non-responsible, 
non-accountable, authoritarian corporate manipulators and controllers.

.......................................................................
5. Treasurer

The Treasurer shall have the custody of all monies and securities of the DNSO
and shall place same in appropriate financial vehicles and repositories in
accordance with guidelines established, at least on an annual basis, by the
Names Council.  The Treasurer shall keep proper books of account and sign
checks and give such surety bonds as the Names Council may require.  The
Treasurer shall make reports on the financial condition of the DNSO at each
Annual Meeting of the DNSO and, whenever called upon to do so, at other
meetings of the DNSO and the ICANN Board.  The Treasurer shall also perform
such other duties as may delegated by the Names Council.  All duties performed
by the Treasurer shall be subject to the supervision and direction of the
Names Council.  All financial and other records in the custody of the
Treasurer shall be open to the Names Council  and the ICANN Board at all times
for inspection or audit.  On ceasing to hold office, the Treasurer shall
surrender all records, files, books of account, monies, securities and other
property of the DNSO to a successor or to such other person as shall be
designated by the Names Council..

Counsel

Unless otherwise directed by the ICANN Board, the Names Council shall retain a
Counsel to serve as legal adviser to the Names Council and to hold office
until the next Annual Meeting of the DNSO.  Counsel shall give such legal
opinions as may be requested by the President or the Names Council.
.......................................................................

Comments:

What are the "financial vehicles" that the INTA is referring to here? Is the 
INTA prepared to speculate on the stock market with the DNSO's treasury?

Note that the INTA does not say here that the financial records of the DNSO
shall be open to the membership of the DNSO, but only to the Names Council 
(and the ICANN Board?). Whenever the books of an organization are not open to
its members, it is because there's monkey business afoot. Take a look at the
example that Karl Auerbach provided to the IFWP of a non-profit in California 
whose Board took it completely away from the membership for their personal
benefit and advantage, and whose only recourse was to force open the books thanks
to a bylaw giving the membership access to them.

No separate counsel ("lawyer") should be permitted the Names Council. If the DNSO
has to employ lawyers, let these serve for the entire DNSO and not the names
Council or the membership separately. As the INTA has it, it is defining the Names
Council and the membership as being adversarial. That may be what the INTA wants,
but it's no good for the DNSO.

.......................................................................
 Executive Director

The DNSO shall employ a full-time [or part-time] executive with the title
Executive Director  who shall be the chief staff executive and who shall be
responsible to the President and to the Names Council.  The employment or
discharge of an Executive Director shall be by the Names Council. 

The Executive Director shall participate in the recommendation, formulation
and implementation of policies and programs for the DNSO; shall be responsible
for the development and implementation of administrative plans and procedures,
for the administrative operation of the office and the supervision of all
staff personnel; and shall, in conjunction with the Names Council, develop and
implement a budget for the DNSO.
.......................................................................

Comments:

More authoritarian, unaccountable power for the Names Council. This individual,
were he allowed to exist, would, together with the President and Vice-Presidents
(according to the INTA's plan), have all the power in the DNSO and be accountable
to no one. No, there can be no authorities in any organization related to ICANN
that are not elected by and responsible to the membership. This whole paragraph,
together with those on the President, the Vice-Presidents, and other superfluous
and unaccountable "officers", must be stricken from anything resembling an 
application or bylaws of the DNSO or any other organism having to do with the 
ICANN or the Internet.

.......................................................................
ARTICLE VI.  COMMITTEES

Given the importance of having a global consensus on the policies and
procedures developed by DNSO, as well as expertise relating to the objectives
of the DNSO, the Names Council may create committees for such terms and with
such powers and duties, as it shall deem appropriate.  The nomination of
members to each committee and their election by the Names Council shall be
conducted in the same manner as members of the Names Council are nominated
under Article IV, except that committee members shall be voted on by the Names
Council rather than by DNSO members.  Each committee shall have the same class
of membership requirements as the DNSO members set forth under Article III.  

Once formed, each committee shall nominate and vote for a Chairperson from
within the committee.  The nominee with the most votes shall be elected
Chairperson for a term of one year.  A Chairperson shall be eligible for
re-election for another one-year term, but 
shall not again be eligible for election as Chairperson for a period of one
year thereafter unless nominated for an additional term by a unanimous vote of
the committee.  The members of each committee shall be appointed for a term of
one year, and shall be eligible for re-appointment for two successive
subsequent terms of one year each.  All committees shall be responsible to the
Names Council for the performance of their duties, unless the Names Council
shall otherwise direct.  The duties of the committees shall be those indicated
by their titles or as may be otherwise assigned to them by the Names Council.

Regular meetings of each committee may be held without the giving of notice if
a day of the week, a time, and a place will have been established by the
committee for such meetings.  A majority of the members of each committee must
be present, either in person or by telephone, radio, television or similar
means of communication, at each meeting of such committee in order to
constitute a quorum for the transaction of business.  The act of a majority of
the members so present at a meeting at which a quorum is present will be the
act of such committee.  Each committee will maintain a record, which need not
be in the form of complete minutes, of the action taken by it at each meeting,
which record shall include the date, time, and place of the meeting, the names
of the committee members present and absent, the action considered, and the
number of votes cast for and against the adoption of the action considered.

All action by each committee shall be reported to the Names Council at its
meeting next succeeding such action for a vote.
.......................................................................

Comments:

These committees are another mechanism by which the INTA intends to circumvent
any accountability to the membership. Notice, in the first paragraph, that they 
are elected by the Names Council and not by the membership. Notice further that
they are not required to keep complete minutes of their meetings, and that they
report to the Names Council, which is nowhere required to report on their actions
to the membership. None of this can be permitted to occur.

.......................................................................
ARTICLE VII.  MEETINGS

3. Notice

Waiver by a member in writing of notice of a meeting, signed by the member,
shall be equivalent to the giving of such notice.  Attendance by a member,
whether in person or by proxy, at a meeting shall constitute a waiver of
notice of such meeting of which the member has had no notice, unless except
when the member attends the meeting for the express purpose of objecting, at
the beginning of the meeting, to the transaction of any business because the
meeting is not lawfully called or convened.
.......................................................................

Comments:

Perhaps the INTA could explain what they mean by this mumbo-jumbo. 

.......................................................................
7. Action by Written Consent

Any action required or permitted to be taken at a meeting may be taken without
a meeting if consent in writing, setting forth the action so taken, is signed
by all necessary members.
.......................................................................

Comments:

Remove "is signed by all necessary members" and replace with "is signed by all
members". We don't want a majority deciding not to have a meeting in order to 
disenfranchise a minority, do we? (By "we" I mean the DNSO participants, not 
the INTA, which would seem to want nothing better.)

.......................................................................
ARTICE VIII.  REMOVAL, SUSPENSION AND EXPULSION

3. Suspension or Expulsion of a Member or Disqualification 

A member may be suspended for a period or expelled for cause such as violation
of any of the By-laws of the DNSO or for conduct prejudicial to the best
interests of the DNSO.
A member may be temporarily or permanently disqualified from serving as a
member for cause, such as violation of any of the By-laws of the DNSO or for
conduct prejudicial to the best interests of the DNSO.
Suspension, expulsion or disqualification of a member shall be by a two-thirds
vote of the entire Names Council, provided that a statement of the charges
shall have been mailed to the member under charges at the last recorded
address at least fifteen (15) days before final action is to be taken thereon,
accompanied by a notice of the time when and place where the Names Council is
to take action.  The member shall be given an opportunity to be present at the
time and place mentioned in such notice and to present a defense, including
the right of representation by counsel and the right of cross-examination.
.......................................................................

Comments:

More McCarthyism, or worse. The Names Council, according to the INTA, will be 
free to throw anyone out of the DNSO who doesn't agree with them. Also, the
language of these paragraphs is insulting and offensive. What does the INTA
mean by "charges" and "defense"? Not content with running the DNSO from above 
and giving all power to unaccountable "executives", here they want to act as 
judge and jury. This is what comes of having lawyers in the employ of reactionary
business interests write the rules for the Internet. This whole section should
be eliminated, and replaced with either nothing at all or else some mechanism
reflecting the democratic, bottom-up nature of these organizations, for example
something similar to Einar Stefferud's Fair Hearing Panels.

.......................................................................
.......................................................................

Final note:

As stated in the prefatory note, the INTA document is inadmissable as a proposal
for a DNSO application to ICANN because it comes from a special interest group
which itself has no justifiable claim to being a constituency within the meaning 
of that term as it relates to interest in the DNS, and because the INTA is no more
than a representative of the business interests which already have a constituency.
Furthermore, the substance of this document is in such contradiction with the spirit
and meaning of the ICANN bylaws, by its blatant refusal to adhere to the rules of
accountability and transparency as well as bottom-up democratic process, as to 
preclude 
even its consideration as a basis for discussion by the DNSO.

In spite of these contradictions, the leadership of the DNSO and its drafting 
committee have seen fit to not only negotiate with the INTA but to "merge" the 
DNSO's own application proposal, arrived at through arduous discussion and 
consensus-making at two international meetings, with the INTA's. The writer of this
critique calls on all right-minded people interested in the success of the DNSO's 
claim to fairly represent the Internet's DNS interests, to refuse to accept this
"merger" and to demand that the process of preparing an application representing the
community's consensus be reinstated immediately.
                      ______________________________

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