[council] On question of whether Whois Motion # 2 from Kristina Rosette is 'out of order'

[Avri Doria <avri@xxxxxxx>]

Hi,

After some email discussion with Legal counsel, we have determined  
that this motion is not out of order.
While it may be argued, as Ross does, that such a decision is counter  
to the obligations under the by-laws there are no parliamentary  
mechanisms in the by-laws to allow for a call of 'out of order' or  
any other formal objection mechanism.  If the majority of the council  
agrees that it is an inappropriate motion, then the council members  
should simply vote against the motion.
The by-laws give the council a great deal of leeway in how we conduct  
our deliberations, and the idea of deciding part way through our  
deliberations that we do not have enough information is an option  
that is not ruled out by the by-laws.  In fact the action of  
convening the Whois WG itself was such an extension of the post Task  
Force deliberative process and while not everyone agreed with it, it  
was not against any clause of the by-laws.  The by-laws stipulate  
that we must vote, but they are silent on the nature or contents of  
the vote or on the activities that the council engages in as part of  
the deliberative process leading up to the vote.
I thank  Dan Halloran for his help on this issue.  And if I  
misinterpreted any of his advice, the error is completely mine and I  
hope he will correct me.
a.