On Thu, May 13, 1999 at 11:28:39AM -0400, Bret Fausett wrote:
> Marsh, Miles (Gene) wrote:
>
> >The danger is in the "if any" clause. ICANN could misconstrue this as
> >an open door to take action due to the current lack of a formal SO.
>
> My understanding is that the DNSO already exists. Bylaw VI (3)(a) reads:
>
> Provision for specific supporting organizations shall be set
> forth in Articles added after this Article VI and before
> Article VII by Bylaw amendments that shall, in the Board's
> judgment, (1) be consistent with these Bylaws; (2) ensure
> that the full range of views of all interested parties will
> be fairly and adequately reflected in the decisions of the
> Supporting Organization; and (3) serve the purposes of the
> Corporation. Upon the adoption of such Bylaw amendments,
> the Supporting Organization shall be deemed to exist for
> purposes of these Bylaws....
>
> Note that last sentence. Since Article VI-B on the DNSO has been added,
> the DNSO exists.
There are still vast loopholes, tho. In particular, the Board could
deem that condition 1,2, or 3 were not yet fulfilled, and that
additional Bylaw amendments would be necessary...and of course, the
phrase "..in the Board's judgement..." leaves the Board a great deal
of leeway in deciding such things. More to the point, this is just
legalistic hair splitting. The Board has significant leeway,
regardless.
--
Kent Crispin "Do good, and you'll be
[EMAIL PROTECTED] lonesome." -- Mark Twain
