Re: [council] Reminder about DNSO constituency deadlines on geographicdiversity

[Dennis Jennings <Dennis.Jennings@ucd.ie>]

Andrew,

Many thanks for this message.  

CENTR members will consider this issue at the next CENTR General Assembly
meeting to be held in Malta on February 6/7.

I have today brought this message to the attention of the ccTLD Constituency
Administration Committee - but as yet there is no consensus on whether or how to
address this issue.

Thanks
Dennis

Andrew McLaughlin wrote:
> 
> To the Names Council:
> 
> The following note is a friendly reminder about the deadlines set (and, in
> the case of the NCDNHC, reiterated) by the ICANN Board on 18 October to
> bring the constituencies into conformity with the geographic diversity
> provisions of the ICANN Bylaws.  I would appreciate it if you would forward
> this note to the relevant committees, leaders or mailing lists for your
> respective committees.  Please don't hesitate to contact me if you have any
> questions or trouble spots that I can help to resolve.
> 
> I have quoted below from the Board's resolutions of October 18 -- please see
> <http://www.icann.org/minutes/prelim-report-18oct99.htm> for the full text
> of the resolutions.  In the case of NCDNHC, the deadline for elections was
> set by Board resolution last August, pursuant to the request of the
> constituency organizers
> <http://www.icann.org/santiago/santiago-resolutions.htm>.
> 
> The requirements set by the Board come in two categories:  charter revisions
> and the election of one or more new NC representatives.  Since January 15,
> 2000, will see the expiration of a number of NC terms, it is particularly
> important for the affected constituencies (for which the geographic
> diversity requirements have been suspended) to organize election processes
> consistent with their governing charters.
> 
> As you will see below, nearly every constituency has some work to do.
> Though I know everyone's been busy, geographic diversity is an important
> principle underlying the ICANN process, and the Board asked the
> Constituencies to get to work on Charter revisions and new elections over
> two months ago:
> 
> "RESOLVED [99.106] that the recognition of any Constituency as set forth
> above is subject to revocation if the Board determines that such
> constituency is not diligently working to satisfy the conditions and
> provisos set forth in such recognition; and in any event, those conditions
> and provisos must be satisfied, and the Secretary of the Corporation so
> notified, no later than February 1, 2000."
> 
> Best regards,
> 
>      --Andrew
> 
> === BUSINESS AND COMMERCIAL ENTITIES ===
> 
> - Requirement:  Revisions to Charter
> - Deadline for Charter revisions:  February 1, 2000
> - Status:  Revised Bylaws received 26 October, 1999 and posted
> <http://www.bcdnso.org/Charter.htm>
> 
> RESOLVED [99-95] that the Business and Commercial Entities Constituency of
> the DNSO is recognized for all purposes under Article VI-B, Sec. 3(a) of the
> ICANN Bylaws to operate in accordance with the Charter submitted to the
> Secretary and ordered attached to these minutes as Exhibit C, provided that
> the Constituency must clarify or amend the Charter to ensure compliance with
> the geographic diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN
> Bylaws, as the Board finds that Art. II, Sec. 2(B)(1)(ii) of the Charter
> does not currently ensure such compliance.
> 
> === ccTLD REGISTRIES ===
> 
> - Requirements:  Amendment of Principles; new NC representative to conform
> with geographic diversity provisions;  written commitment to comply with
> geographic diversity requirement
> - Deadline for amendment of Principles:  February 1, 2000
> - Status of amendment of Principles:  Pending
> - Deadline for election of new NC representative:  January 15, 2000 (date on
> which term of Nigel Roberts expires, as designated by ccTLD constituency)
> - Status of election of new NC representative:  Pending
> - Deadline for written commitment to comply with geographic diversity
> requirement:  Not specified, but Board requested "prompt" written commitment
> - Status of written commitment to comply with geographic diversity
> requirement:  Pending
> 
> RESOLVED [99-96] that the ccTLD Registries Constituency of the DNSO is
> recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN
> Bylaws to operate in accordance with the Principles submitted to the
> Secretary and ordered attached to these minutes as Exhibit D, provided that
> the Constituency must amend the Principles to ensure that its voting
> procedures for Names Council representatives comply with the geographic
> diversity requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, as the
> Board finds that the Principles do not currently ensure such compliance.
> 
> RESOLVED [99-97] that in recognizing the ccTLD Registries Constituency the
> Board shortens the term on the Names Council of Nigel Roberts to expire
> January 15, 2000, and consents to suspend the geographic diversity
> requirement of Article VI-B, Section 3(c)of the ICANN Bylaws as applied to
> the ccTLD Registries Constituency, for the period of Nigel Roberts' term,
> subject to the Board promptly receiving a written commitment from the ccTLD
> Registries Constituency to comply with the geographic diversity requirement
> as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that
> date.
> 
> === gTLD REGISTRIES ===
> 
> - Requirements:  None, so long as no other gTLD Registries have been
> recognized by ICANN
> 
> RESOLVED [99-98] that the gTLD Registries Constituency Group of the DNSO is
> recognized for all purposes under Article VI-B, Sec. 3(a) of the ICANN
> Bylaws to operate in accordance with the letter submitted to the Secretary
> and ordered attached to these minutes as Exhibit E, provided that, within 30
> days of a request of any other ICANN-recognized gTLD Registry that seeks to
> join it, the Constituency must submit to the Board for its approval a formal
> consensus proposal for continued recognition.
> 
> === ISPs AND CONNECTIVITY PROVIDERS ===
> 
> - Requirements:  Clarification or revision of Articles
> - Deadline for clarification or revision of Articles:  February 1, 2000
> - Status of clarification or revision of Articles:  Revised Articles adopted
> and posted <http://www.dnso.org/constituency/ispcp/ISPCP.Articles.html>
> 
> RESOLVED [99-99] that the ISPs and Connectivity Providers Constituency
> ("ISPCP") of the DNSO is recognized for all purposes under Article VI-B,
> Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Articles
> submitted to the Secretary and ordered attached to these minutes as Exhibit
> F, provided that the ISPCP must clarify or amend the Articles to ensure
> compliance with the geographic diversity requirements of Art. VI-B, Sec.
> 3(c) of the ICANN Bylaws, as the Board finds that Section 7.1 of the
> Articles does not currently ensure such compliance.
> 
> === NON-COMMERCIAL DOMAIN NAME HOLDERS ===
> 
> - Requirements:  amendment of Initial Charter;  submission of Final Charter;
> election of long-term NC representatives
> - Deadline for submission of Final Charter:  February 1, 2000
> - Status of submission of Final Charter:  Pending
> - Deadline for election of long-term NC representatives:  February 1, 2000
> (date on which terms of current representatives expires)
> - Status of election of long-term NC representatives:  Pending
> 
> RESOLVED [99.100] that the Non-Commercial Domain Name Holders Constituency
> ("NCDNHC") of the DNSO is recognized for all purposes under Article VI-B,
> Sec. 3(a) of the ICANN Bylaws to operate in accordance with the Initial
> submitted to the Secretary and ordered attached to these minutes as Exhibit
> G, provided that the NCDNHC must (i) amend Section II of its Initial Charter
> to clarify that no member will be excluded from membership solely on the
> basis of membership in another DNSO constituency group; (ii) amend its
> Initial Charter to ensure compliance with the geographic diversity
> requirements of Art. VI-B, Sec. 3(c) of the ICANN Bylaws, a the Board finds
> that Section IV(B) of the Initial Charter does not ensure such compliance
> because it measures diversity by residency, not citizenship; and (iii)
> submit a revised, final Charter for Board approval no later than February 1,
> 2000.
> 
> RESOLVED [99.101] that in recognizing the NCDNHC the Board shortens the term
> of all three NCDNHC representatives on the NC to expire February 1, 2000.
> 
> === REGISTRARS ===
> 
> - Requirements:  Election of new NC representative to conform with
> geographic diversity provisions
> - Deadline for election of new NC representative:  January 15, 2000 (date on
> which term of Richard Lindsay expires, as designated by Registrar
> constituency)
> - Status of electino of new NC representative:  Pending
> 
> RESOLVED [99.102] that the Registrars Constituency of the DNSO is recognized
> for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to
> operate in accordance with the Articles submitted to the Secretary and
> ordered attached to these minutes as Exhibit H.
> 
> RESOLVED [99.103] that in recognizing the Registrars Constituency the Board
> shortens the term on the Names Council of Richard Lindsay to expire January
> 15, 2000, and consents to suspend the geographic diversity requirement of
> Article VI-B, Section 3(c) of the ICANN Bylaws as applied to the Registrars
> Constituency, for the period of Richard Lindsay's term, subject to the Board
> promptly receiving a written commitment from the Registrars Constituency to
> comply with the geographic diversity requirement as set forth in Art. VI-B,
> Sec. 3(c) of the ICANN Bylaws from and after that date.
> 
> === INTELLECTUAL PROPERTY ===
> 
> - Requirements:  Election of new NC representatives in conformity with
> geographic diversity provisions; written commitment to comply with
> geographic diversity requirements
> - Deadline for election of new NC representatives:  January 15, 2000 (date
> on which terms of current representatives are set to expire)
> - Status of election of new NC representatives:  Pending
> - Deadline for written commitment to comply with geographic diversity
> requirement:  Not specified, but Board requested "prompt" written commitment
> 
> RESOLVED [99.104] that the Trademark, Intellectual Property, and
> Anti-Counterfeiting Interests Constituency ("IPC") of the DNSO is recognized
> for all purposes under Article VI-B, Sec. 3(a) of the ICANN Bylaws to
> operate in accordance with the London Document By-Laws submitted to the
> Secretary and ordered attached to these minutes as Exhibit I.
> 
> RESOLVED [99.105] that in recognizing the IPC the Board shortens the term on
> the NC of Jonathan Cohen, Carolyn Chicoine, and Ted Shapiro to expire
> January 15, 2000, and consents to suspend the geographic diversity
> requirement of Article VI-B, Section 3(c)of the ICANN Bylaws as applied the
> IPC, for that term, subject to the Board promptly receiving a written
> commitment from the IPC to comply with the geographic diversity requirement
> as set forth in Art. VI-B, Sec. 3(c) of the ICANN Bylaws from and after that
> date.
> 
>      # # #