[council] Re: [nc-review] Draft 1.3 NC Review

["YJ Park" <yjpark@myepark.com>]

Thank you, Theresa.

I just want to make sure of Roger's suggestion on Sept. 22.
"A list of questions by October 13th; and then a report that includes
conclusions/recommendations by some later but still timely- date
(i.e. in time for the November NC meeting)."

Therefore, as Theresa proposed here we can wrap up this until Oct. 12
and then as requested to NC(NC as a whole rather than review committe)
NC has to work on the "so-called Quality Conclusions/Recommendations":-)
until LA meeting which has been asked by Paul and Roger earlier.

Plus, during this questionaire period, I want to add DNSO election
review process together with some questions.

I. DNSO Election review and recommendation

    1. 1999 review
    2. 2000 review
    3. 2001 recommendation

II.
To what extent, can we achieve "E-Commerce" in a secure manner?
To what extent, can we achieve "E-Democracy" in an open manner?
To what extent, can we achieve "E-Human Rights" in a noble manner?

What if, ICANN turns out not to meet these goals?
How can we balance those three values in the Cyberspace?

For the last, as many so-called realists point out,
what if "E-Democracy" is intrinsically impossible to be achieved
in this eating or eaten real world, any alternative model for the better
future?

YJ

> All,
>
> Please find below draft 1.3 for the NC review, in follow-up to the NC
> conference call last week. If there are no objections to this draft, will
> forward it to the NC review member constituency representatives and
> Liaison's to the GA, to forward to the respective groups for comments.
Each
> NC-review representative is responsible for collecting and summarizing
their
> respective constituency comments.
>
> I would like to receive comments from the NC by Wednesday, September 27th
at
> the latest.
>
> Thanks
>
> theresa
>
>
>
> *******************************************************************
>
>
>
> DRAFT 1.3 -- DNSO Review -- WORK IN PROGRESS
>
> Outline for the DNSO Review
>
> STATUS OF DRAFT: This Draft document is a work in progress and WAS
DISCUSSED
> ON THE NC teleconference September 21, 2000. As
> background, the outline was circulated to the NC-Review Committee on
August
> 11th. Comments received have been incorporated into draft 1.1. Also
included
> are comments received on the GA list, which have been compiled by Roberto
> Gateano who, as Chair of the GA, is the liaison to the NC-Review.
>
> Outreach to be carried out: Draft 1.3 must be forwarded by each NC-Review
> Representative to the respective constituency for comment and input.
> Comments are to be compiled by the respective NC-Review Representatives,
and
> forwarded to the NC-Review committee. The GA Chair will be responsible for
> overseeing the continued GA input to this working progress.
>
> ***** NEW TEXT:
>
> Instructions for responding: In responses please provide concrete examples
> and the basis for conclusions, rather than just conclusory statements.
> Please also make clear from whom (not the person's name, but what
> interest(s) they represent) the comments are coming from. Please also
offer
> specific suggestions; either that
> specific DNSO things are working well or that they are not; and if they
are
> not how we think they can be improved.
>
> Time for Comments: The Comment period for constituencies and the GA to
> respond to the draft 1.3 will be 2 weeks, and the draft will be sent out
on
> September 28th. Comments are due to the NC Review by October 12th.
> Subsequent to responses to the questions and summarization of input the NC
> review will forward it to the NC. [NOTE, THE DATES, STILL NEED TO BE
> FINALIZED HERE -- LOUIS/KEN, DO WE POST THIS REPORT FOR COMMENT DURING THE
> TWO WEEK COMMENT PERIOD?]. JUST NEED SOME CLARIFICATION HERE.
>
>
>
>
>
> I. Introduction:
>
> The DNSO is a Supporting Organization of ICANN, with the responsibility of
> advising the ICANN Board with respect to policy issues relating to the
> domain name system. The DNSO has the primary responsibility for developing
> and recommending substantive policies regarding to the domain name system.
> Additionally, the Board can refer proposals for substantive policies
> regarding the domain name system to the DNSO for initial consideration and
> recommendation to the Board. Subject to the provision of Article III,
> Section 3, of the ICANN bylaws, the Board shall accept the recommendations
> of the DNSO if it finds that the recommended policy (1) furthers the
> purposes of, and is in the best interest of, ICANN; (2) is consistent with
> ICANN's articles of incorporation and bylaws; (3) was arrived at through
> fair and open processes (including participation by representatives of
other
> Supporting Organizations if requested); and (4) is not reasonably opposed
by
> the ASO or PSO.
>
> II. Background:
>
> The DNSO was formally established in March 1999 as one of ICANN's three
SOs.
> It was formed following extensive global discussions and communications,
> with the intent of trying to establish an SO that represented the
> stakeholders in ICANN necessary for developing and recommending
substantive
> polices regarding the domain name system. Since its establishment, it has
> made three recommendations for policies to the ICANN Board involving
dispute
> resolution, new top-level domains, and famous trademarks and the operation
> of the domain-name system.  During this period it has also chosen four
> directors to the ICANN Board through two sets of elections. .With this
> experience with the DNSO's actual performance, it is now appropriate to
> review the DNSO to determine whether it is fulfilling its commitments, and
> whether it needs to be adjusted in order to better fulfill them.
>
> III. Review:
>
> The objectives of the DNSO Review Committee are:
>
> · To review the DNSO's responsibilities and its work.
> · To recommend making DNSO function as designed.
> · To review and discuss this with the respective constituencies, and
general
> assembly of the DNSO.
>
> Outlined below are sections addressing the structure of the DNSO, and
> specific questions on the responsibilities of the organization, and the
> structure. This draft attempts to consolidate comments received on draft
> 1.0, which was circulated to the NC-Review.
>
> The review will conclude with recommendations, if any, on how to better
> improve the fulfillment of the responsibilities of the organization, and
> whether any improvements require structural changes. The Initial
> Self-Assessment of the DNSO Review is due October 13th.
>
> *****
>
> Information on Growth and Development of the DNSO. This information will
be
> collected specifically in coordination with the respective constituencies,
> GA, and secretariat:
>
> How have the membership of constituencies grown over the past year?
>
> How has the GA grown?
>
> How has contribution to ICANN and NC secretariat increased in past year?
>
> How many new countries added to membership in past year?
>
> How many countries are not represented in DNSO?
>
>
> III. DNSO Responsibilities:
>
> The DNSO is responsible for advising the ICANN Board with respect to
policy
> issues relating to the domain name system. The DNSO's primary
responsibility
> is to develop and recommend substantive policies regarding to the domain
> name system. Additionally, the Board can refer substantive policies
> regarding the domain name system to the DNSO for initial consideration and
> recommendation to the Board.
>
> To date, the DNSO has been tasked with the following responsibilities:
>
> A. Universal Dispute Resolution Policy (UDRP): Working Group A, Names
> Council's review of Working Group A report, followed by the Names Council
> recommendation based on the Working Group A's report to the Board and the
> final adoption by the ICANN Board.
>
> B. new generic Top Level Domains (new gTLDs): Working Group B and C, Names
> Council review of Working Group B and C's reports, followed by its
> recommendations to the Board.
>
> C. DNSO ICANN Board Elections: Two elections held: 1) October 1999,
choosing
> three ICANN Board members for 3, 2, 1 years respectively; 2) September
2000,
> filling the three year seat for the 1 year expired seat.
>
> · To what extent has the DNSO fulfilled these responsibilities?
>
> · Have the policies recommended by the DNSO represented an adequate
> consensus of the affected stakeholders?  Have the viewpoints of all
> stakeholders been considered?
>
> · Have the recommendations been well defined, useful in terms of being
> timely and being structured with a degree of specificity/flexibility
> appropriate to allow practical implementation?
>
> · To the extent the recommendations have been adopted as policies, have
they
> received the support of those being asked to implement them?
>
> · Has the DNSO failed to address problems that have been called to its
> attention through the Names Council?
>
>
> · Does the DNSO performance require improvement, and if so, how?
>
> · Are the responsibilities of the components (NC, Constituencies, GA) and
> the relationship among them well defined?
>
> · How can the DNSO minimize the amount of subjectivity and increase the
> amount of objective consensus building, with its current structure? With a
> different structure?
>
> · Has the DNSO process brought expertise to the issues it has addressed?
If
> not, how can the degree of expertise be enhanced?
>
>
> V. Structure:
>
> The structure of the DNSO is as follows: The NC, Seven constituencies, and
> the General Assembly.
>
> A. Names Council:
>
> Under the ICANN bylaws, the Names Council is responsible for the
management
> of the consensus-building process of the DNSO. The NC consists of
> representatives selected by each of seven constituencies.  The NC
functions
> via a list serve, regular teleconference calls, and physical meetings in
> conjunction with ICANN quarterly meetings. There have been concerns that
the
> DNSO Names Council has evolved into a generalist body. Questions below aim
> to address the role of the NC, and how to improve it.
>
> · Is the Names Council fulfilling its responsibility to steer and manage
the
> DNSO consensus process, or can this be improved?
>
> · What are the proper expectations for the Names Council, and what is its
> proper role in relation to the DNSO and the ICANN Board?
>
> · Should the NC take a more active role in managing the
> consensus-development process, for example by giving working groups more
> defined charters and more frequently reviewing the state of their work?
>
> · How can the NC enhance the level of technical or other expertise
employed
> in the consensus-development process?
>
> · How much or little should the NC be involved in the detailed management
of
> ICANN?
>
> · Does the NC manage the policy-development process so that
recommendations
> are reached in a timely manner?
>
> · Does the existing structure work to generate consensus recommendations
on
> domain name matters?
>
> · Does the Names Council give appropriate level of consideration to the
> views of all affected stakeholders?
>
> · The NC recommendations have been criticized as often being 'weak', or
> merely reflecting the outcome of the respective working groups. How can
the
> NC interpret the outcome of the working groups, and formulate a better
> defined and stronger recommendations consistent with the consensus
process?
>
> · Do the NC representatives adequately communicate with their respective
> constituencies? Do the constituencies communicate with their NC
> representatives?
>
> · Does the NC adequately communicate with the ICANN staff and Board?
>
> · Does the NC adequately communicate with other SO Councils?
>
> · After consulting ICANN staff to address details which require legal and
> technical expertise, does the NC review whether or not such input is
> sufficient?
>
> · How can the NC improve the role of the DNSO under ICANN, and improve its
> ability to provide advice and input to the ICANN Board on domain name
> policy issues?
>
>
> B. Constituencies:
>
> · Are the constituencies a correct division? Are all DNSO interests
> adequately represented in the existing constituency groups? Do the current
> divisions aggregate individuals or entities with closely aligned interests
> and permit the development of focused positions?
>
> · Should the constituencies be reformulated by combining user
> constituencies?  By combining provider constituencies?  In some other way?
>
> · Is it up to each constituency to define its relationship with NC
> representatives or should the DNSO/ICANN have some minimal mandatory
> requirements for all?
>
> · What happens if an elected NC rep does not attend NC meetings, ignores
> constituency members? Is this up to the constituency to address, or should
> it be brought to the attention of the NC?
>
> · Are the constituencies fulfilling their role as open and transparent
> channels of dialogue and discussion toward the development of community
> consensus? Do they allow effective development of collective positions of
> those with similar interests?  Does this process promote the development
of
> overall community consensus?
>
> · Does the current constituency division minimize the effectiveness of the
> DNSO and NC?
>
> · Are the constituencies adequately representing the intended members?  Or
> are there important parts of the Internet Community that may need better
> representation?
>
> · Should there be a constituency for individuals, and if so, how should
its
> membership be constituted?
>
> · How do you ensure that individuals who choose to form an individual
> constituency represent the vast interests
> of individuals ?
>
> · No constituencies have been added since the original seven
constituencies
> were recognized (provisionally) in May 1999.  What should be the ongoing
> process for assessing whether the constituencies serving the goal of
> providing appropriate forums for affected stakeholder groups?
>
>
>
> C. General Assembly (GA):
>
> · What should the future role of the GA be?
>
> · Is the function of the GA properly defined?
>
> · How can the level of participation by constituency members in the GA be
> improved?
>
> · How can the level of participation by GA members in the GA be improved?
>
> · If changes are made in the constituency structures, and possibly an
> individual constituency added, should the GA continue to exist?
>
> D. Working Groups:
>
> · Are the working groups an appropriate mechanisms to foster consensus in
> the DNSO?
>
> · If the NC can't find consensus in a working group report, what should be
> the next step?
>
> · Are there mechanisms other than working groups that the NC should employ
> in managing the consensus-development process? For example, assigned task
> forces?
>
>
> E. Secretariat:
>
> · What is the relationship between the ICANN Secretariat, the DNSO
> secretariat, and the Constituency secretariats?
>
>
> VI. Other Review Questions:
>
> · Have the DNSO recommendations furthered the ICANN work consistent with
the
> provision in Article VI, Section 2(e), of the ICANN Bylaws, that the ICANN
> Board shall accept recommendations of the DNSO if the Board finds that the
> recommended policy (1) furthers the purposes of, and is in the best
interest
> of, the Corporation; (2) is consistent with the Articles and Bylaws; (3)
was
> arrived at through fair and open processes (including participation by
> representatives of other Supporting Organizations if requested); and (4)
> isn't reasonably opposed by any other Supporting Organization.
>
>
>
>
>
>
>
>