[council] General Counsel's Analysis Regarding Challenge to Non-CommercialUsers Constituency Election of GNSO Council Representatives

[Louis Touton <touton@icann.org>]

To the GNSO Council:

As you will recall, on 12 March 2003 I received from Danny Younger a
challenge to the Non-Commercial Users Constituency's selection in early
March of its three representatives to the GNSO Council.  This challenge
has prompted the GNSO Council to delay ratification of its vote
concerning selection of an ICANN Director for Seat 14 on the New Board.

As General Counsel, I undertook to investigate the challenge.  I
requested and received various materials and comments from the
Non-Commerical Users Constituency and Mr. Younger, which were helpful in
illuminating the issues.

The investigation has now been completed and I have posted the General
Counsel's Analysis Regarding Challenge to Non-Commercial Users
Constituency Election of GNSO Council Representatives at
<http://www.icann.org/legal/analysis-ncuc-challenge-08apr03.htm>.  That
analysis concludes that it would not be appropriate, based on Mr.
Younger's challenge, to set aside the written designation of the NCUC's
GNSO Council representatives.

Like all other constituencies, the Non-Commercial Users Constituency is
obligated to submit a new charter and statement of operating procedures
by 15 July 2003.  The General Counsel's Analysis observes that, although
setting aside the selection process is not warranted, the circumstances
do warrrant a fundamental assessment in connection with the new charter
of how to redesign the constituency to better represent the interests of
non-commercial organizations globally that use the Internet.

Best regards,

Louis Touton

cc:  Danny Younger
      Harold Feld
      Marc Schneiders
      Michael Palage
      Alejandro Pisanty
      Philip Sheppard
      Barbara Simons