Opinion - Re: [ga] Recent BC Membership Decision

[Derek Conant <dconant@dnsga.org>]

There may be issues and positions regarding this matter concerning opinion that
New.net is more destructive to the ICANN function than constructive.  It is
difficult to interpret New.net and its interest in becoming a member of the BC.  

It may be the case that New.net believes that it can validate its operation
through the BC process.  However, the BC may have developed opinion that New.net
has demonstrated that it is destructive to the ICANN function and that New.net
will only serve as a BC Member to disrupt the BC process to further its campaign
against ICANN.  

New.net is able to participate in the DNSO GA consensus process, like everyone
else.  Thus, New.net is not excluded from the ICANN consensus processes.  

New.net could be clearer with its communication that describes the basis of its
complaint about the BC decision.

Derek Conant
DNSGA President and Chairman
Telephone:  (202) 801-0158 
E-mail:  dconant@dnsga.org


David Hernand wrote:
> 
> Members of the Names Council:
> 
> New.net feels compelled to elevate to the attention of the Names Council
> certain recent actions of the Business Constituency to deny the efforts of
> our company to participate in ICANN processes as a member of the Business
> Constituency.  We bring this matter before the Names Council as a last
> resort after making repeated unsuccessful attempts to resolve it first with
> leadership of the Business Constituency.
> 
> Earlier this year, New.net applied for membership in the Business
> Constituency.  As many of you know, New.net does not fall into the category
> of an ICANN-accredited registry or registrar, an ISP or any of the other
> constituencies within the DNSO, and yet we do operate a business that relies
> on the Internet for its existence and counts among the vast majority of its
> customers small and medium-sized enterprises that also rely on the Internet.
> Accordingly, we thought it logical for us to join the Business Constituency.
> We also thought that the Business Constituency would welcome our
> participation given recent statements of its leadership regarding their
> desire to broaden the Business Constituency's membership to include a larger
> number of small business interests to balance its current domination by
> large corporate interests.
> 
> After significant delay, our application was rejected by the Business
> Constituency's "Credentials Committee," which informed us that New.net does
> not meet the Business Constituency's charter redquirements because New.net
> is a "registry/registrar."  We then asked the BC Secretariat how such
> charter requirements comply with provisions in ICANN's Bylaws that expressly
> prohibit constituencies from denying membership to a person or entity on the
> basis that such person or entity also is a member of another ICANN
> constituency.  We received the following explanation:
> 
> -----Original Message-----
> From: BC secretariat [<mailto:secretariat@bizconst.org>]
> Sent: Wednesday, October 03, 2001 1:58 AM
> 
> The BC charter does not exclude registries and registrars from membership
> merely because of their participation in another constituency. The Charter
> distinguishes providers of network connectivity/ transport, domain name and
> other services that enable the development of electronic business, from
> their customers. The BC is an independent voice for the customers of such
> providers.  It is the potential divergence of interests, not the mere
> participation in another ICANN constituency, that underlies the membership
> criteria.
> 
> By any reasonable interpretation of this definition, a large portion of the
> Business Constituency's current membership should be excluded: AOL, AT&T,
> British Telecom, Clear Communications, Deutsche Telecom, Korea Telecom, MCI
> Worldcom, Movicom, SITA (operator of the .aero registry), and Telefonica,
> just to name the obvious.  Indeed, two of the three BC representatives to
> the Names Council represent "providers of network connectivity/transport."
> 
> With all due respect to the ability of individual constituencies to devise
> their own rules and operating procedures, we implore the Names Council to
> intervene in what is obviously an egregious abuse of discretionary power. We
> specifically request that the NC demand that the BC either (a) immediately
> request the resignation of all BC members who meet the above criteria,
> including the resignation from the NC of the representatives from AT&T and
> Clear Communications; or (b) direct the BC to revise its rules within 30
> days to more broadly encompass the business community and reconsider
> New.net's application for membership.
> 
> Your timely attention to this matter would be greatly appreciated.
> 
> Best regards,
> 
> David Hernand
> CEO
> New.net
> 
> David M. Hernand
> CEO
> New.net
> 15260 Ventura Blvd., Ste. 2000
> Sherman Oaks, CA 91403 USA
> Phone: 818-385-2004
> Fax:   818-385-2010
> david@new.net
> 
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