[nc-org] The Roberts Draft

[Cary Karp <ck@nic.museum>]

Here is the full text to which various references have been made
on the TF list. I received it as a copy of a communication posted on
the BC list and am cross-posting it with the permission of the
author.

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From:  "BC secretariat" <secretariat@bizconst.org>
To:  "BC List" <bclist@bizconst.org>
Subject:  Response: dot org
Date:  Wed, 12 Dec 2001 18:50:40 +0100

From Mike Roberts in response to Katrina Burchell

Thanks, Katrina for your support. In the interests of putting my
previous points into a form which is actionable by the Names
Council, I have constructed the following draft resolution. If the
members find merit in it, I believe the appropriate thing to do
would be to express that view directly to our BC reps on the Names
Council, since their meeting to consider action on dot-org is
tomorrow. Their emails are <philip.sheppard@aim.be>,
<grant.forsyth@clear.co.nz>, <mcade@att.com>.

- Mike Roberts
The Darwin Group, Inc.

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Draft - 11 Dec

Names Council resolution on future of the .org registry

Whereas, the ICANN Board, in resolutions 01-71 through 01-73,
adopted on 4 June 2001, requested assistance from the Names Council
in determining how best to provide for the future of the .org top
level domain name registry;

Whereas, in resolution 01-71, the ICANN Board has asked that the
Names Council consider at least the following issues concerning
.org:

(a) whether to select an existing entity to succeed VeriSign as
responsible for operation of the .org TLD, or to establish a new
entity;

(b) the characteristics of the entity to be selected or established;

(c) selection criteria for the entity or its organizers;

(d) principles governing its relationship with ICANN (sponsored or
unsponsored TLD, term of operation, etc.); and

(e) policies for the entity's operation of the .org top-level domain
(to the extent they are not to be established by the entity).

Whereas, ICANN executed on 25 May 2001 an agreement with Versign
providing, inter alia, that Versign's agreement to operate the .org
registry will expire on 31 December 2002, and that Verisign, no
later than 90 days prior to the expiration date, will pay to ICANN
the sum of USD $5 million to be used by ICANN in its sole discretion
to establish an endowment to be used to fund future operating costs
of the non-profit entity designated by ICANN as successor operator
of the .org registry;

Whereas, the Names Council has received and considered the final
report of its Task Force on the future of .org registry;

Whereas,. the Names Council has received and considered submissions
from its constituencies, from the DNSO General Assembly, and from
the public at large on the future of .org registry;

Resolved (1); in response to the Board's request, the Names Council
makes the following recommendations on the future of .org registry:

(a) Successor Entity. ICANN should invite applications from
qualifying non-profit organizations to assume responsibility for
sponsorship and operation of the .org registry, with a deadline no
later than 30 June 2002, so that an evaluation, selection and
agreement process may be completed well in advance of the 31
December expiration of the current agreement with Verisign.

In order to assist the largest number of qualified non-profit
organizations to compete for award of the .org sponsorship
agreement, the Board should (i) require no more than the equivalent
of USD$100,000 in demonstrated financial resources from applicants,
and (ii) fund from the endowment to be provided by Verisign the
costs of conducting the application evaluation and selection
process, as well as providing that, upon signing of a sponsorship
agreement with ICANN, the selected non-profit organization will
receive an immediate donation of USD$250,000 from the endowment to
defray its startup and initial operating costs.

(b) Entity Characteristics. Applicants for sponsorship and operation
of the .org registry should be recognized non-profit corporations,
as that is reasonably defined in the legal jurisdiction in which the
organization is incorporated. The articles of incorporation and
bylaws should restrict the activities of the corporation to the
non-profit management and operation of the .org top level domain
name registry. The initial and continuing composition of the Board
of Directors should reflect the interests and concerns of the
holders of .org domain names, as well as the global principles for
the operation of the domain name system under the leadership and
coordination of ICANN. The bylaws should provide explicitly for an
open, transparent and participative process by which .org operating
policies are initiated, reviewed and revised in a manner which
reflects the interests of .org domain name holders and is consistent
with the terms of its registry agreement with ICANN.

(c) Selection Criteria. The qualifications of the non-profit
organizations to be considered during the selection process should
include, but not be limited to: (i) ability and commitment to assume
sponsorship responsibilities for the .org registry, including
representation of the interests of .org domain name holders, both
current and future. (ii) demonstrated technical and operational
capacity to assume operation of the .org registry with no
significant risks to Internet stability, (iii) management and
financial resources to initiate and sustain stable operation of the
registry.

(d) Agreement Principles. The sponsorship agreement to be executed
with the selected applicant should generally follow the form and
substance of the existing ICANN sponsored registry model agreement,
with adjustments where necessary to reflect any unique circumstances
associated with the redelegation of the .org registry.

The Names Council believes that the .org registry should be operated
by and on behalf of the worldwide community of non-profit and
non-commercial organizations and that this should be a guiding
principle of the new registry agreement. At the same time,
transition arrangements should provide clear and orderly
opportunities for all existing domain name holders to adjust to the
new operating environment and provide that no existing domain name
holder should have its domain name revoked or otherwise placed in
jeopardy. The registry agreement should reflect this principle and
this goal.

(e) Operating Policies. In general, registry operating principles
should reflect those contained in the model agreement for sponsored
registries, with adjustments where necessary to reflect any unique
circumstances associated with the redelegation of the .org registry.
Operating policies that are within the purview of the sponsoring
non-profit corporation should be subject to the policy development
process described in (b) above.

Resolved (2): The Names Council thanks all those who have contributed
to its work on .org, especially the members of the .org Task Force,
and its Chair, Milton Mueller.