Monday, January 31, 2005

Constituency Statements: A Procedural Joke

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So far, a constituency statement has been tendered by the IPC and a preliminary submission has been put forth by the registrars with regard to the WHOIS Task Force recommendations, neither of which fully accord with the requirements under the ICANN bylaws. The documents submitted do not record any constituency vote, nor a record of constituency meetings or teleconferences, nor do they cite a list of all members who participated or otherwise submitted their views. A review of accessible documents shows that there is no record on the IPC discussion list of any exchange of views. A typical day at ICANN.

The ICANN bylaws state:

Constituency Statements. The Representatives will each be responsible for soliciting the position of their constituencies, at a minimum, and other comments as each Representative deems appropriate, regarding the issue under consideration. This position and other comments, as applicable, should be submitted in a formal statement to the task force chair (each, a "Constituency Statement") within thirty-five (35) calendar days after initiation of the PDP.

Every Constituency Statement shall include at least the following:

(i) If a Supermajority Vote was reached, a clear statement of the constituency's position on the issue;
(ii) If a Supermajority Vote was not reached, a clear statement of all positions espoused by constituency members;
(iii) A clear statement of how the constituency arrived at its position(s). Specifically, the statement should detail specific constituency meetings, teleconferences, or other means of deliberating an issue, and a list of all members who participated or otherwise submitted their views;
(iv) An analysis of how the issue would affect the constituency, including any financial impact on the constituency; and
(v) An analysis of the period of time that would likely be necessary to implement the policy


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