[nc-str] Comments to ALSC Draft V 3

["Rita Rodin" <RRODIN@skadden.com>]

Hello all - - 

As this is my first posting to the group, I just want to introduce myself and say hello to everyone.  

I am replacing David Johnson as the gTLD constituency task force representative.  I am outside counsel for Afilias (.info) and the Global Name Registry (.name registry).  

Below are the comments of the Constituency.  I look forward to discussing these and other comments with you all, and to working together on this project.  Warm regards.

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Comments on Point 1 - Summary of Key Proposals within the ALSC November 2001 report - for information only

We suggest adding an initial bullet regarding the ALSC's view that ICANN should issue a call of "expressions of interest" before March 2002 to gauge the level of preliminary interest in creating and sustaining an organization for individual internet users.

Comments on Section 2 - - Evaluation against established criteria

The gTLD constituency (the "Constituency" or "we") seeks some clarification as to the intended purpose of this section.  The Constituency also would like to know how this information will help the ICANN Board in rendering a decision regarding the ALSC Report.  

We believe that if this task force is going to comment on any interaction of the ALSO with the DNSO, it needs to evaluate any such interaction based upon (i) the DNSO as it exists today; and (ii) the DNSO as it may or may not exist after ICANN is restructured.  

The Constituency firmly believes that the addition of an ALSO must be considered and implemented in connection with a comprehensive restructuring plan for ICANN which may include, among other things, the proposed creation of a ccSO and other proposals to reform the DNSO.  

The Constituency has set forth its position on the ALSC Report and the general restructuring of ICANN in its own paper, which I attach hereto for your review. 

Comments to Section 3 - Recommendations of the Structure TF based on evaluation

We do not agree with the principles set forth in point 3, as historically it has been difficult if not impossible to reach consensus within the DNSO process.  Thus, we suggest that this point be replaced with the following three points:

As generally set forth in the ALSC Report, Supporting Organizations should consist of groups and/or individuals whose interests are more closely aligned.  In that way, the SO's can reach consensus within their own organizations, and thereafter work to reach consensus across different SO's.

There should be a strong inter-SO organization created to facilitate consensus-building across SO's and thereby generate documented cross-SO consensus upon which the ICANN Board could act.

Perhaps most importantly, resources from SO's and other impacted parties should be allocated and dedicated at the outset of the formation of the ALSO and the inter-SO group for the purpose of developing processes and procedures to insure their meaningful and significant development.

Comments on Point 4 - Threshold for ALSO membership before elections could start.

We do not believe that suggesting an arbitrary threshold of 30,000 members prior to holding an election will serve any purpose.  Rather, we suggest inserting the comment "We agree with the ALSC that the ALSO will need sufficient resources and interest levels to insure that participation in the SO will result in meaningful and significant representation for individual internet users."

Additional Points that the gTLD Constituency would like to include 

The ALSC Report describes a registration and voting process for At-Large members that will be supported by, among things, registrar and registry infrastructures.  While the Constituency is eager to cooperate in this process, we are concerned about the scope of involvement that will be requried and the resultant costs.  Accordingly, we believe that registry operator input into the formulation of this infrastructure support is necessary and important.  

The ALSC Report also suggests that registries will execute agreements with ICANN for the provision of the abovementioned support.  The Constituency comments that ICANN should seek the input and consent of all of the registries in connection with the substance of any such agreements.






Rita A. Rodin
Skadden, Arps, Slate, Meagher & Flom LLP
4 Times Square
New York, NY 10036

Telephone - - 212-735-3774
Direct Facsimile - - 917-777-3774
email - - rrodin@skadden.com

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nyc6_375710_1.doc

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