[HN Gopher] Restoring Nominet's Purpose
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       Restoring Nominet's Purpose
        
       Author : ohashi
       Score  : 74 points
       Date   : 2021-02-19 10:34 UTC (12 hours ago)
        
 (HTM) web link (publicbenefit.uk)
 (TXT) w3m dump (publicbenefit.uk)
        
       | mjw1007 wrote:
       | Nominet are currently saying the second resolution (to appoint
       | new directors) is invalid.
       | 
       | More background from Kieren McCarthy:
       | 
       | First: https://www.theregister.com/2021/01/31/nominet_board_vote/
       | 
       | Most recent:
       | https://www.theregister.com/2021/02/17/nominet_vote_lawsuit/
        
         | g_p wrote:
         | In a way this shouldn't be too important. Even if the second
         | resolution can't be put at the EGM, the first can still pass
         | and remove the people who are the root of the problems. I don't
         | think anyone is really concerned about removing the problem
         | directors without replacement right now.
         | 
         | The board would then be under the control of reliable
         | individuals, who could immediately convene a new meeting under
         | whatever normal rules would stand, having removed the
         | problematic directors.
         | 
         | The organisation would therefore seem able to operate
         | absolutely fine without the problem directors. I understand
         | this is the current plan - this seems like a last-ditch attempt
         | to stay in power, but there isn't a hard-and-fast need to
         | install new directors to complete the removal.
        
           | mjw1007 wrote:
           | Is it clear that the remaining directors (the elected ones)
           | are reliable individuals?
           | 
           | The letter from the board says "the Board is unanimous in its
           | view that Simon's proposed resolution should be rejected", so
           | it seems possible to me that if the first resolution passes
           | the remaining members won't act in accordance with the EGM's
           | wishes.
        
             | g_p wrote:
             | I wouldn't assume a "unanimous" statement from the board
             | was genuinely unanimous at this point. It's clear the
             | executives at Nominet are hell-bent on trying to cling on
             | through any means possible, including deception. They are
             | willing to shut down any form of communication between
             | members that isn't in their interest. It wouldn't be the
             | first time they were just saying anything they thought
             | would save their skin.
             | 
             | I'd be wondering what weasel-word definition of unanimous
             | could have been concocted in this context. Perhaps they
             | mean unanimous based on members of the board present at a
             | meeting where quorum was established, but none of the
             | elected members were present? It was therefore the
             | unanimous view of the board (if the board was quorate
             | without any elected members present)
             | 
             | In any case, removing the unelected members will make clear
             | to the elected members (who are accountable to the
             | membership if they want re-elected) that the tide has
             | changed. If they don't like it, they can be de-elected too
             | per the articles of association as well, I would presume.
        
             | Mauricebranagh wrote:
             | Ok new EGM and replace the lot
        
         | Mauricebranagh wrote:
         | I find the executives legal arguments on motion 2 "not readily
         | believable"
         | 
         | The EGM could suspend various bits and appoint the two proposed
         | directors pending an election for example.
         | 
         | Its telling the executive has not actually quoted or explained
         | its reasoning.
         | 
         | Maybe I should get Ivan to propose me as a board member :-)
        
       | robtaylor wrote:
       | "Increased Top 3 Director pay 70% (from PS1M to PS1.7M)"
       | 
       | Is there any benchmark on other registries for that figure?
        
         | DaiPlusPlus wrote:
         | Comparing pay to other registries in other countries might not
         | be a fair comparison considering local job-market effects - a
         | better comparison may be to other public-benefit bodies in
         | other industries within the UK. Though I can't think of any
         | from the top-of-my-head... I was going to suggest OFCOM but
         | that's a legit public department, not an industry body, I don't
         | think Nominet is even a Quango.
         | 
         | ----
         | 
         | On a related note: I'm actually surprised at this point that
         | Nominet hasn't been subsumed into OFCOM or similar -
         | considering the vital role it plays in the UK's digital
         | infrastructure. From a top-down perspective, it makes sense for
         | Nominet to be part of the state apparatus, which certainly
         | introduces accountability and transparency, I'm just wary of
         | _the establishment_ at this point.
        
           | Mauricebranagh wrote:
           | Occom's CEO is on over 300k.
           | 
           | Not sure I would want the body whose main job is to keep
           | Rupert Murdoch happy in charge of the Uk registry
        
             | g_p wrote:
             | A simpler alternative might be to place Nominet under
             | clearer supervision from a more active government
             | departmental supervisor.
             | 
             | Ofcom already has many regulatory functions and is being
             | pushed to expand into online harms as well now.
             | 
             | Perhaps getting BEIS to carry out more active oversight of
             | Nominet would be a good way to do this? BEIS could
             | certainly provide a competent high-level board member,
             | along the lines of the credibility of the 2 proposed new
             | members as part of resolution 2 of the EGM.
             | 
             | Putting Nominet under closer scrutiny would certainly seem
             | to be an option, allowing it to be independent of
             | government, but accountable in situations such as the
             | present one.
        
               | Mauricebranagh wrote:
               | Hmm maybe BEIS (Department for Business, Energy and
               | Industrial Strategy) having a board seat might be a good
               | idea.
               | 
               | Not sure they BEIS have the experience to hold Nominet to
               | account - but hey offer me a grade 6 and id be happy join
               | BEIS.
        
       | ohashi wrote:
       | Reading the numbers is pretty damning. A little mini-ICANN level
       | capture going on in the UK.
       | 
       | They also seem to be squirming according to The Register
       | (https://www.theregister.com/2021/02/17/nominet_vote_lawsuit/)
       | 
       | The votes seem to be there based on who is supporting it. Hope it
       | gets more attention and better reform for the .UK registry.
        
         | teknopaul wrote:
         | Defo needs support from all and any who can. Nominet is run by
         | corrupt people. While those trying for change are not saying it
         | in those terms, IMHO that what it is. They took a nonprofit and
         | have been rinsing it for years. Personally profiting to the
         | tune of millions of pounds in the process.
        
           | mjw1007 wrote:
           | I think there's some truth in that, but I think the bigger
           | problem is that the people running it genuinely don't
           | understand that Nominet's purpose is to do the best job it
           | can of being the UK's NIC.
           | 
           | Instead they believe that it has an overriding goal to grow
           | and increase its surplus (although that's nowhere in the
           | objects set out in its memorandum of association). You can
           | see that in the annual reports, from what they describe as
           | successes.
           | 
           | Basically, as far as I can tell, the sort of people that end
           | up running large nonprofits are so steeped in the culture of
           | for-profit organisations that they adopt this profit-oriented
           | worldview without even considering whether it's appropriate.
           | 
           | The most obvious example in Nominet's case was its
           | "diversification" into autonomous vehicles. I don't think
           | that can remotely be justified in terms of the organisation's
           | stated objects, and as far as I can tell the CEO didn't think
           | he had any need to try to do so.
           | 
           | (Of course it doesn't hurt that the larger Nominet's surplus
           | is, and the more people it employs, the easier it is to
           | justify large salaries for themselves, either.)
        
             | g_p wrote:
             | Nominet has been hell-bent on trying to get into lucrative
             | side areas. They seem keen to heavily position themselves
             | in anything they feel they can trade in their reputation as
             | the UK's NIC. Anything involving a database or cyber-
             | security, they're all over, trying to use their NIC status
             | as a USP.
             | 
             | When it started to get to things like autonomous vehicles,
             | that's when it starts to get a bit murky and strange.
             | Nominet surely ought to stick to what it does - it's a non-
             | profit, and could focus its resources into its core goal,
             | rather than constantly trying to turn a profit in other
             | sectors.
        
               | mjw1007 wrote:
               | Right.
               | 
               | Though I think a certain amount of the current anger is
               | coming from the fact that their expeditions into side
               | areas have been the opposite of lucrative in practice.
               | 
               | To the extent that the board's suggestion that adopting
               | the EGM's resolutions << would have a critical
               | destabilising impact, leaving the company leaderless >>
               | might look more like a positive than a negative to some
               | members.
        
               | g_p wrote:
               | Agreed, consider lucrative in air-quotes. The ineptitude
               | of the current leadership has meant they've been less
               | than lucrative!
               | 
               | Destabilising the current fiasco would certainly be an
               | improvement in my view.
        
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