[ga] Revised BC Charter In Breach of ICANN's Bylaws ??

["Patrick Corliss" <patrick@quad.net.au>]

To:    GA Mailing List Members

Article 4 of the revised BC Charter says, in part:

"This [i.e. membership] excludes for-profit entities whose business means they
are likely to formulate views from the perspective of Internet or Domain Name
service providers, as well as from other groups whose interests may not be
aligned with business users.  Such entities may find other constituencies
offer more appropriate means of representing their members' interests."

Section 3 of ICANN's Bylaws states in part:

THE CONSTITUENCIES
(a)    "Each Constituency shall self-organize, and shall determine its own
criteria for participation, except that no individual or entity shall be
excluded from participation in a Constituency merely because of participation
in another Constituency, and constituencies shall operate to the maximum
extent feasible in an open and transparent manner and consistent with
procedures designed to ensure fairness."

If you look at the language used in the BC revised Charter, it specifically
EXCLUDES businesses which are ISPs etc. "who may find other constituencies
offer more appropriate means of representing their members' interests".

That looks like a clear breach of ICANN's bylaws to me.  However, the revised
Article has been very carefully worded to suggest that ISPs etc. have not
been excluded merely because of PARTICIPATION in another constituency.

No, sirree, they have been excluded because they are ELIGIBLE to participate
in another constituency !!

Does this "get them off on a technicality"  (as the criminal lawyers say) ?
I don't think so as that is not fairness to the "maximum extent possible".

Best regards
Patrick Corliss












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