[ga] Resolution to Restructure the DNSO

["babybows.com" <webmaster@babybows.com>]

Within the context of discussions in the Review Working Group, a proposal on
restructuring the DNSO has emerged which will impact both the Names Council
and the General Assembly (if ultimately agreed to as a consensus formulation
by the Review WG, and if subsequently adopted by the ICANN Board).  Letters
have already been sent to Names Council representatives advising them that
as a potentially impacted party, they are being given the opportunity to
review this proposal and to fully participate in ongoing discussions.  As
members of the General Assembly have already been invited to participate in
the efforts of the Review Working Group, this message will serve as
notification that the General Assembly is also a party potentially impacted
by this proposal (which is now in resolution form), and that as such, the
commentary by members of the GA is once more requested.   The resolution as
presented to the working group follows:



To the members of the Review WG - a resolution for your consideration:

Whereas, during the 15 July 2000, Public Forum discussions held in Yokohama
the ICANN Board requested a "working group to address the DNSO Review
process";

Whereas, the ICANN Board designated ICANN Executive Committee member Pindar
Wong to act as Board liaison for the DNSO Review;

Whereas, on 9 August 2000, it was advised that Alejandro Pisanty, also an
ICANN Executive Committee member, will be replacing departing Board member
Pindar Wong in the capacity of liaison to the DNSO review project;

Whereas, on 17 October 2000 Roberto Gaetano, speaking in his capacity as
Chair of the General Assembly, reiterated to the Names Council the mandate
of the ICANN Board to establish a Working Group to pursue the DNSO Review
process;

Whereas, on 14 November 2000 the DNSO Names Council motioned to make
Ms.Y.J.Park the chair of a Working Group "to address certain DNSO specific
issues";

Whereas, during the 15 November 2000 Public Forum discussions held in Marina
del Rey, plans for a "comprehensive review of the DNSO" were confirmed;

Whereas, on19 December 2000, subsequent to another reminder by the Chair of
the General Assembly, the Names Council finally takes the decision to set up
the Working Group Review;

Whereas, on 23 December 2000, the Review Working Group accepted the Terms of
Reference provided by its Chair, Ms. Y.J. Park;

Whereas, beginning on 29 January 2001, members of the Review Working Group
posted their reports independently as public comments to the Report from the
DNSO Review Task Force;

Whereas, beginning on 19 February 2001, members of the Review Working Group
again posted their independent unfiltered conclusions to the Public Comment
Forum on the Report from the DNSO Review Task Force;

Whereas, the Review Working Group has abided by the need for bottoms-up
consensus-based decision-making processes, providing a written report and
supporting materials that (i) document the extent of agreement and
disagreement among impacted groups, (ii) document the outreach process used
to seek to achieve adequate representation of the views of groups that are
likely to be impacted, and (iii) document the nature and intensity of
reasoned support and opposition to the proposed changes;

Whereas, the Review Working Group process has generated over 3100 comments
and has maintained a level of membership far in excess of any other working
group to date;

Whereas, the ICANN Board has received the DNSO Review Report from the Names
Council, and "other materials on the subject";

Whereas, the Review Working Group has responded to ICANN Board resolution
01.28 by preparing a proposal "which may result in changes in the structure
of the DNSO and/or major changes in its functioning";

Whereas, the Review Working Group has responded to ICANN Board resolution
01.29 by providing "input related to changes that improve operations of the
DNSO as it is constituted today no later than April 16, 2001";

It is therefore

RESOLVED by the Review Working Group that the ICANN Board consider striking
Article VI-B of the Bylaws for Internet Corporation for Assigned Names and
Numbers, and replacing it with the following text:

ARTICLE VI-B: THE DOMAIN NAME SUPPORTING ORGANIZATION

Section 1. DESCRIPTION

(a) The DNSO shall advise the Board with respect to policy issues relating
to the Domain Name System.
(b) The DNSO shall consist of a General Assembly ("GA"), consisting of all
interested individuals and entities.

Section 2. THE GENERAL ASSEMBLY

(a) The GA shall be an open forum for participation in the work of the DNSO,
and open to all who are willing to contribute effort to the work of the
DNSO. The participants in the GA should be individuals who have a knowledge
of and an interest in issues pertaining to the areas for which the DNSO has
primary responsibility, and who are willing to contribute time, effort and
expertise to the work of the DNSO, including work item proposal and
development, discussion of work items, draft document preparation, and
participation in research and drafting committees and working groups.

(b) The GA shall at a minimum meet in conjunction with regularly scheduled
meetings of the Board. To the maximum extent practicable, all meetings
should be available for online attendance as well as physical attendance.

(c) Administrative and operational costs of GA meetings shall be the
responsibility of ICANN. There shall be no other fees required to
participate in the GA.

(d) Participants in the GA shall nominate, pursuant to procedures approved
by the Board, persons to serve on the Board in those seats reserved for the
DNSO.

(e) The GA is responsible for the consensus building process of the DNSO. It
shall adopt such procedures and policies as it sees fit to carry out that
responsibility, including the designation of such research, drafting
committees, or working groups of the GA as it determines are appropriate to
carry out the substantive work of the DNSO. ALL GA members shall be invited
to participate in each of such bodies. Each of such bodies shall provide
appropriate means, as determined by the GA, for input and such participation
as is practicable under the circumstances by other interested parties. Any
reports or recommendations presented to the GA by such bodies shall be
posted on a web site accessible by the public for public review and comment;
absent clear justification, which shall be publicly stated at the time of
any action, the GA shall not act on any report or recommendation until a
reasonable time for public comment has passed and the GA has reviewed and
evaluated all public comments received. The GA is responsible for ensuring
that all responsible views have been heard and considered prior to a
decision by the GA.

(f) GA participants may propose that the GA consider domain name policies or
recommendations. If the GA undertakes consideration of a domain name topic,
the GA shall designate one or more research or drafting committees, or
working groups of the GA, as appropriate to evaluate the topic, and shall
recommend a time frame for the report of such committee or working group
each of whom shall be availed of a public mailing list for as long such
group requires . Following the receipt of a report or recommendation from
such a body, the GA shall vote to either accept the report or recommendation
for submission as a consensus recommendation to the Board, or shall return
the report or recommendation to the body from which it originated for
further work.

(g) If two-thirds (2/3) of the members of the GA participating in such a
vote determine that the DNSO process has produced a community consensus,
that consensus position shall be forwarded to the Board as a consensus
recommendation, along with all materials or other information that could
reasonably be relevant to the Board's review of that determination,
including (but not limited to) the dissenting statement(s) of any member(s)
of the GA. If more than one-half (1/2) but less than two-thirds (2/3) of the
members of the GA participating in the vote determine that the DNSO process
has produced a community consensus, that position may be forwarded to the
Board as a GA recommendation, along with statements of majority and minority
views, and any separate or dissenting statement(s) of any member(s) of the
GA. Any proposed recommendation that is not supported by an affirmative vote
of one-half (1/2) of the members of the GA participating in the vote may be
returned to the body from which it originated, or may be assigned to a new
body, for further work. In such a case, the GA may report to the Board the
lack of a consensus and the steps, if any, it plans to take from this point
forward with respect to this particular recommendation. The GA is
responsible for ensuring that the Board is informed of any significant
implementation or operational concerns expressed by any responsible party.

(h) The GA shall forward to the Board, from among those persons nominated by
the GA, its selection(s) for the Director(s) to fill any open Board
position(s) reserved for the DNSO. Any such selection(s) must have the
affirmative votes of at least one-half (1/2) of all the members of the GA
participating in such vote. At any given time, no two Directors serving on
the Board selected by the GA shall be citizens of the same country or of
countries located in the same Geographic Region.

(i) The term of office for each officer of the GA shall be one year.
Officers of the GA shall be the Chair and Co-Chair of the GA, and the
elected Chair of each research or drafting committee, working group or other
body of the GA.

(j) No more than one officer, director or employee of a corporation or other
organization (including its subsidiaries and affiliates) shall serve as an
officer of the GA at any given time.

(k) Meetings of the GA may be held (i) in person or via teleconference, at
the discretion of the GA, so long as all members of the GA participating can
speak to and hear one another or (ii) via electronic video screen
communication or other communication equipment; provided, that (a) all
members of the GA participating in such a meeting can speak to and hear one
another, (b) all members of the GA are provided the means of fully
participating in all matters before the GA and (c) the GA adopts and
implements means of verifying that (x) a person participating in such a
meeting is a member of the GA or other person entitled to participate in the
meeting and (y) all actions of, or votes by, the GA are taken or cast only
by the members of the GA or other persons entitled to cast votes. A majority
of the total number of GA members then in office shall constitute a quorum
for the transaction of business, and the act of a majority of the GA members
present at any meeting at which there is a quorum shall be the act of the
GA, unless otherwise provided herein. Advance notice of such meetings shall
be posted on a web site that is available for public access and, if
reasonably practicable, at least 14 days in advance of the meeting. Meetings
shall be open to physical or electronic attendance by all interested
persons. The GA shall post minutes of its meetings to a web site that is
available for public access as soon as practicable following the meeting,
and no later than 21 days following the meeting.

Section 3. THE GA BODIES

(a) Each Body shall self-organize, and shall determine its own criteria for
participation, except that no individual or entity shall be excluded from
participation in a Body merely because of participation in another Body, and
Bodies shall operate to the maximum extent feasible in an open and
transparent manner and consistent with procedures designed to ensure
fairness.  Each Body will be provided with its own public mailing list, and
will provide a status report to the GA at each meeting.

(b) Each Body shall select one individual to represent that Body.

(c) Any group of individuals or entities may petition the GA for recognition
as a new or separate Body. A Body of the GA shall be deemed formed when at
least 10% of the GA members listed in the GA voting registry offer to the GA
Chair or Co-Chair a charter for such GA body.  Any such petition and charter
will be posted for public comment.  The GA will create new Bodies in
response to such petition.

(d) The initial Bodies shall consist of: individuals, ccTLD registries,
commercial and business entities, gTLD registries, ISP and connectivity
providers, non-commercial domain name holders, registrars, trademark and
other intellectual property and anti-counterfeiting interests.  The veto of
any two such bodies will thwart a declaration of consensus by the GA.

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All comments on this proposal, in favor or against, mild or strong, will be
noted in the Review Working Group's presentation to the ICANN Board.  You
are equally at liberty to offer alternate structural proposals for
consideration; the dialogue will be welcome.

Best regards,
Danny Younger


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