Los Angeles, November 12th, 2001
Resolution #2, submitted by Mueller, on Sept 9th.
Resolution on the GAC September 9 2001 Communique and the ICANN's Board's response
1. Whereas: Supporting Organizations are defined in ICANN's bylaws as "advisory bodies to the Board, with the primary responsibility for developing and recommending substantive policies regarding those matters falling within their specific responsibilities" (Article VI, Section 2 (b), and
2. Whereas: Article VI, Section 2 (c) of the ICANN bylaws requires the Board to "refer proposals for substantive policies not received from a Supporting Organization to the Supporting Organization, if any, with primary responsibility for the area to which the proposal relates for initial consideration and recommendation to the Board." and
3. Whereas: the issue of country name reservations in new top-level domains is clearly a "substantive policy" regarding domain names and as such falls within the the DNSO's area of responsibility:
Resolved, that the Noncommercial domain name holders constituency
1. Advises the staff and Board of ICANN that the GAC communique of 9 September, 2001 raised substantive policy issues and should have been referred to the DNSO for initial consideration;
2. Condemns ICANN Board resolution 01.93, adopted in Montevideo September 10, 2001, as a violation of the ICANN by-laws;
3. Rejects the President's Action plan as yet another violation of the Corporation's by-laws, for describing a process of policy making that bypasses the DNSO;
4. Calls upon the GAC to respect ICANN's organic, bottom-up processes, and to refrain from all attempts to set domain name policy without going through the DNSO.