[ga] ALAC comments on proposed Bylaws modifications

[Vittorio Bertola <vb@bertola.eu.org>]

Comment to the proposed Bylaws modifications
by the At Large Advisory Committee
--------------------------------------------

The ALAC has had a limited amount of (email) discussion about the
proposed bylaw changes. Although not all ALAC members have addressed
this issues, those that have would like to leave the bylaw language
concerning At-Large Structures and Regional At-Large Organizations as
open as possible, with the understanding that details will be
addressed in the RALO's MoUs with ICANN, and that the ALAC and ICANN
will be responsible for ensuring that the MoU meets basic criteria for
involving individual Internet users and advancing their interests
within ICANN.

While the ALAC wants to make clear and irrevocable that the RALOs and
At-Large Structures represent the voices of individuals, not
organizations, the Committee does not want a formalism in the bylaws
to block participation of groups that genuinely represent individuals
but also accept organizational/corporate members.  The ALAC
acknowledges that ICANN needs to be mindful of two possible scenarios:
an individuals-only policy blocks ISOC chapters and other individual
participation, or lack of such a policy permits some company to
"organize" an At-Large Structure and capture its RALO.  The ALAC
thinks the problem of preventing organizational capture should be left
to the RALOs in the first instance; and that too detailed a policy may
hamper the groups most effectively representing individuals.

In addition to some ISOC chapters, there is concern that some of the
groups listed below, which could be considered potential candidates
for At-Large Structures, could not fully participate under the
proposed bylaws (note: these are hypothetical examples and do not
indicate any commitment or interest on the part of these
organizations):

  a.. Association for Internet Professionals (AIP)
(http://www.association.org/) has both individual and corporate
memberships
  b.. ISOC ECC and CECUA have only organizational members and have
asked to be included as At-Large Structures (although it is not clear
why they should receive this delegation rather than each of their
members being delegated an ALS)
  c.. www.stikom.edu - appears to provide individuals with news,
education, and community discussion on issues relevant to At-Large,
but does not have memberships
  d.. LatinoamerICANN (http://www.latinoamericann.derecho.org.ar) is
an apendix of the Alfa-Redi Society, which is an international
membership-only society of lawyers specializing in computing law
(http://www.alfa-redi.org); to members LatinoamerICANN provides
information on the DNS and related issues.
  e.. Arab Knowledge Management Society (www.akms.org) - non profit
education service addressing "digital divide issues" with no
memberships
  f.. Institute for Study of Information Tech and Society --
http://communityconnections.heinz.cmu.edu/insites/about --  nonprofit
group for teaching, research and public outreach on information
technology policy, has corporate members/supporters
  g.. Consumers' Union/Consumer Policy Institute
(http://www.consumersunion.org/aboutcu/about.htm) and EPIC (Electronic
Privacy Information Center) (http://www.epic.org/) -- have some
compatible objectives, involve individuals in their policy development
and other activities, and could contribute to ICANN policy/issue
debates, but are not membership organizations

  With this in mind, the ALAC offers the following draft language for
the Committee's consideration:

          (h) Each RALO shall be comprised of self-supporting At-Large
          Structures within its Geographic Region, certified to meet
          the requirements of the RALO's Memorandum of Understanding
          with ICANN according to paragraph 4(i) of this Section.  If
          so provided by its memorandum of understanding with ICANN, a
          RALO may also have as its members individual Internet users
          who are citizens or residents of countries within the RALO's
          Geographic Region. Any RALO must, through its at-large
          structures or through direct membership, be open for
          participation of all individual Internet users who are
          citizens or residents of countries within the RALO's
          Geographic Region (as defined in Section 5 of Article VI).

          (i) The ALAC is responsible for certifying organizations as
          meeting the criteria and standards for At-Large Structures.
          The criteria and standards for certification of At-Large
          Structures within a each Geographic Region shall be
          established by the Board and based on recommendations of the
          ALAC, so that each RALO is afforded the type of structure
          that best fits its Geographic Region's customs and
          characteristics. Those criteria and standards shall be
          stated in the Memorandum of Understanding between ICANN and
          the RALO for that Geographic Region. They shall ensure that
          At-Large Structures appropriately represent and involve
          individual Internet users who are citizens or residents of
          the RALO's geographical region. Decisions to certify or
          de-certify an At-Large Structure as meeting the applicable
          criteria and standards shall require a 2/3 vote of all the
          members of the ALAC and shall be subject to review according
          to procedures the Board may establish. The ALAC may also
          give advice as to whether a prospective At-Large Structure
          meets the applicable criteria and standards.

Thank you for the opportunity to comment.

The Interim At-Large Advisory Committee
-- 
vb.                  [Vittorio Bertola - vb [at] bertola.eu.org]<---
-------------------> http://bertola.eu.org/ <-----------------------
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