[ga] Business Constituency Charter revisions

["Andy Duff" <andy.duff@new.net>]

I recommend that the GA make itself aware of the changes to the Business
Constituency Charter recently posted at the www.bizconst.org site, since in
many ways they are indicative of wider issues of concern within ICANN.

For the past few months, the Business Constituency has been engaged in the
process of revising its Charter document. This revised Charter document
erases all of the clauses that caused concern to the former GA chairman
Danny Younger [see Background links below] because they questioned the
legitimacy of the appointment of all three of the Business Constituency
officers. It also deletes requirements for the Business Constituency to
outreach to small businesses.

The most bizarre change is the addition of a clause which states that

"a member, who over a sustained period of time acts in conflict to this
Charter, or who engages in acts which appear to be inappropriate for the
stability, functionality or bona fide reputation of the Constituency, or who
is or threatens to be a vexatious litigant, may have its membership
terminated at the discretion of the Officers and the Credentials Committee."

Exactly what the definition of a "vexatious litigant" is, or indeed who
would determine whether someone "threatens to be a vexatious litigant" is
left unclear. Thus in effect, the officers of the Business Constituency now
have the power to terminate membership of any member on the basis of this
arbitrary criteria.

Fuller comment on these changes can be found on the ICANNwatch site at
http://www.icannwatch.org/article.php?sid=518&mode=&order=0.

The following points remain unclear -

a. why it was felt necessary to alter the BC charter at all
b. why any of these specific changes have been made

I would recommend that the General Assembly help to establish the rationale
behind these changes. I would also welcome comments from either members of
the GA or members of the Business Constituency as to a definition of
"vexatious litigant".

Andy Duff
New.net

BACKGROUND

In July and August last year, the former chair of the General Assembly Danny
Younger raised a number of concerns about the Business Constituency's
charter and the legitimacy of the incumbent officers appointments
(http://www.dnso.org/clubpublic/ga-full/Arc08/msg00919.html). Marilyn Cade
partially defended her position in this post
(http://www.dnso.org/clubpublic/ga-full/Arc08/msg01075.html)

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