Jon,

>All this said, I'm curious: how do we measure that elusive thing called 
>consensus?  And, on the merits, do you think any one entity, whether NSI 
>or MCI or CORE or anyone else, should pick three seats to the Names 
>Council?  ...JZ

The DOC Policy Statement established the following specification
for the governance of NewCo:

   Governance. The organizing documents (Charter, Bylaws,
   etc.) should provide that the new corporation is
   governed on the basis of a sound and transparent
   decision-making process, which protects against capture
   by a self-interested faction, and which provides for
   robust, professional management of the new corporation.
   The new corporation could rely on separate, diverse, and
   robust name and number councils responsible for
   developing, reviewing, and recommending for the board's
   approval policy related to matters within each council's
   competence. Such councils, if developed, should also
   abide by rules and decision-making processes that are
   sound, transparent, protect against capture by a
   self-interested party and provide an open process for
   the presentation of petitions for consideration. The
   elected Board of Directors, however, should have final
   authority to approve or reject policies recommended by
   the councils.

The operative standard is "...abide by rules and
decision-making processes that are sound, transparent,
protect against capture by a self-interested party."
Just about everything concerning ICANN, GAC,
and the DNSO are patently manifestations of capture
by one self-interested party.  It is the NewCo that
wasn't supposed to happen.

Network Solutions and its shareholders are the largest
stakeholders in the DNS business.  Is it not reasonable and
equitable for them to be able to select 14% of the seats
on a related policy council?  It's certainly far from
"capture."

Should the gTLD-MoU faction by contrast - which has
a very small stake - enjoy more than 50% of the seats,
the policy-making chair, the agenda making role, and
the predominant appointments to groups developing
policies?  Is that capture?


--tony

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