Kent and all,
I have personally passed this on to our group. We shall be reviewing
this this submission in the very near future and responding in detail
to it's points on a point by point basis and provide a general conclusionary
statement.
My own first reading of this proposal it seems to be both self conflicting
and there seems to be an attempt at gerrymandering with respect to
representation by supposed "Constituencies".
Kent Crispin wrote:
> I am taking the liberty of forwarding this draft to the discuss list,
> and I will request that it be put on the dnso web page as a working
> draft. There have been a couple of comments on the participants
> list, but none, in my judgement, that invalidate this document as a
> discussion piece:
>
> ================================================================
> NB: This is a DRAFT; it is intended to be a framework for discussion
> as proposed in the announcement of the DNSO process. Note that the
> terminology and Section references refer to the amended ICANN bylaws.
>
> APPLICATION TO BECOME THE DOMAIN NAME SUPPORT ORGANIZATION, (pursuant
> to Art. VI, Section 3 (b) of the Bylaws of Internet Corporation for
> Assigned Names and Numbers (the "Corporation")
>
> Introduction
>
> This application is made by the undersigned to become the Domain Name
> Support Organization ("DNSO"), pursuant to Article VI, Section 3 (b)
> of the Bylaws of the Corporation. The undersigned hereby commit to
> fulfill the undertakings and policies set forth in this application.
> This application is organized under the headings set forth in Article
> VI, Section 3 (b) as follows:
>
> I. Membership criteria for the DNSO, and for the Names Council to be
> created pursuant to Article VI, Section 3 (a) (ii) of the Bylaws of
> the Corporation.
>
> II. Methods for developing substantive Internet policies and
> selecting Board nominees
>
> III. Open and transparent non-discriminatory processes
>
> IV. Policies to ensure international and diverse participation
>
> V. Policies for disclosure to the Corporation by members of or
> participants in the DNSO of conflicts of interest or other financial
> interests in matters within the scope of the DNSO
>
> VI. Methods for funding the DNSO and providing funding for the
> Corporation.
>
> Discussion
>
> I. MEMBERSHIP CRITERIA
>
> A. MEMBERSHIP IN THE DNSO:
>
> The qualifications for membership in the DNSO are set forth in
> Appendix A to this application, entitled "QUALIFICATIONS FOR
> MEMBERSHIP IN THE DOMAIN NAME SUPPORTING ORGANIZATION".
>
> B. MEMBERSHIP IN THE CONSTITUENCIES:
>
> Each member of the DNSO shall be either a member of the At Large
> constituency or a member of one or more of the constituencies
> described below. Qualifications for membership in each of the
> constituencies are set forth in Appendix B to this application
> entitled "QUALIFICATIONS FOR MEMBERSHIP IN THE CONSTITUENCIES". DNSO
> members who are not members of one of the constituencies 1-5 below
> are automatically members of the At Large constituency.
>
> The constituencies described herein are an initial set of
> constituencies. The DNSO and the Names Council will develop fair
> procedures for the creation, deletion, and merger of constituencies;
> and adjustment of the representation of constituencies on the Names
> Council.
>
> The constituencies are:
>
> 1. Registries
>
> 2. Registrars
>
> 3. Infrastructure and connectivity providers
>
> 4. Businesses and other organizations
>
> 5. Organizations primarily concerned with the interests of trademark
> owners
>
> 6. At Large
>
> A member of the DNSO may be a member in more than one constituency if
> it meets the qualifications for each constituency for which it
> applies and pays the membership fees for each such constituency. No
> member of any of the constituencies 1-5 may be a member of the At
> Large constituency.
>
> C. THE NAMES COUNCIL
>
> There shall be a Names Council consisting of 21 members, elected from
> time to time by the members of the DNSO, following the procedures set
> forth below. The constituencies shall each have the right to be
> represented by the following numbers of members of the Names Council:
>
> 1. Registries - 6
>
> 2. Registrars - 3
>
> 3. Infrastructure and connectivity providers - 3
>
> 4. Business and other organizations -3
>
> 5. Organizations primarily concerned with the interests of trademark
> owners - 3
>
> 6. At Large - 3
>
> In order to assure geographical diversity among members of the Names
> Council, the members of the Names Council representing each
> constituency must each be from different geographical regions, unless
> there are more such representatives than there are regions. In this
> latter case no region shall have more than one more representative
> than any other region. The geographical regions shall be those set
> forth in Article V, Section 6 of the Corporation's bylaws. In
> particular, because the Registry constituency is represented by 6
> members of the Names Council, and there are only 5 regions, not more
> than 2 representatives of the Registry constituency may be from the
> same geographical region.
>
> D. APPLICATIONS FOR MEMBERSHIP IN CONSTITUENCIES 1-5
>
> After formation of the Names Council, applications for membership in
> the constituencies 1-5 shall be submitted to the Names Council. The
> Names Council shall have the right to approve or disapprove each
> application. If an application is not approved, the applicant shall
> have the right to appeal to the Fair Hearing Panel (described below).
>
> E. ELECTION OF THE NAMES COUNCIL
>
> Within four weeks of acceptance by ICANN of this application the
> undersigned will self-select into constituencies, and elect members
> of the Names Council.
>
> Members of each constituency shall nominate individuals to represent
> that constituency. Nominations within each constituency may be made
> by any member of the constituency, provided, however, that each
> member of a constituency may make no more than one nomination for a
> Names Council member representing that constituency. An entity that
> is a member of more than one constituency may make one nomination for
> each constituency of which it is a member. Every nominee shall be
> identified as representing a particular geographical region.
>
> Elections for Names Council members shall be held once each year for
> vacant seats. The term of office for each member of the Names
> Council is three years, staggered so that each year one third of the
> Names Council members shall be elected.
>
> Each member of the DNSO may cast one vote for one nominee for
> membership in the Names Council from each of the constituencies.
>
> The winning nominees from within each constituency shall be
> determined as follows:
>
> Within the group of nominees for each constituency, the nominees
> shall be grouped according to their geographical identification, and
> shall be ranked according to the votes received. Winners will be
> selected by the following criteria: Nominees identified with regions
> with the least number of current representatives for the constituency
> will be considered as a group. Within this group, the nominee with
> the most votes is selected, and is then considered a member of the
> group of current representatives. This procedure is repeated until
> there are no vacancies. Any ties shall be broken by random
> processes.
>
> [There are two choices on how to proceed if there is insufficient
> geographical representation: leave seats empty if the geographical
> distribution requirements are not met; or fill remaining empty seats
> with candidates with the most votes, even though the geographical
> requirements are not met.]
>
> [The following two paragraphs are an earlier description of a
> procedure.]
>
> Within each group of nominees for each constituency, nominees from
> the same geographical region as any incumbent member of the Names
> Council with an uncompleted term of membership representing the same
> constituency shall not be selected.
>
> All remaining nominees shall be grouped according to geographical
> region and, from each region, the eligible nominee (or, with respect
> to the Registries' constituency, the two eligible nominees for not
> more than one geographical region) with the most votes shall be
> elected to fill the available vacant seats on the Names Council.
>
> The term of office for members of the Names Council shall be three
> years. However, for the first election the first third of the
> nominees selected through the above process shall receive a three
> year term, the second third shall receive a two year term, and the
> remainder shall receive a one year term. In the event of a
> resignation or other event that disturbs the even distribution of
> terms a similar fair process of adjusting the terms of newly elected
> members shall be used to regain an even distribution. If for any
> reason fewer than the seats allocated to a constituency are filled,
> the seats remain unfilled until the next election.
>
> II. METHODS FOR DEVELOPING SUBSTANTIVE INTERNET POLICIES AND
> SELECTING BOARD NOMINEES
>
> The Names Council is delegated the task of determining policies
> regarding TLDs, including operation, assignment and management of the
> domain name system and other related subjects, and, in accordance
> with Article VI, Section 3(a)(ii) of the Corporation's Bylaws, the
> Names Council shall make recommendations on such subjects to the
> Corporation's Board. The Names Council shall also have the power to
> select the nominees of the DNSO to the Corporation's Board.
>
> The Names Council shall seek input and review of its recommendations
> and Board nominations from each of the constituencies. It is the
> intent of the DNSO that, initially, there will be significant review
> by the constituencies; over time, the constituencies may agree to
> reduce the extent of review.
>
> Decisions by the Names Council on recommendations and selection of
> Board nominees shall be made by [majority] [two- thirds] vote.
>
> The DNSO, the Names Council and each of the constituencies will
> establish on-line methods of meeting and conducting ballots.
>
> The DNSO will develop procedures for its deliberations. Applicable
> IETF procedures will be examined as a possible model.
>
> III. OPEN AND TRANSPARENT NON-DISCRIMINATORY PROCESSES
>
> The processes of the Names Council (and the processes of each
> constituency) shall be governed by the same provisions for open and
> transparent non-discriminatory processes as those of the Board of the
> Corporation. A general mechanism for review of conflicts and
> grievances will be developed, and the Names Council shall appoint a
> Fair Hearing Panel which will, among other responsibilities delegated
> to it by the Names Council, hear appeals pursuant to Section I.D. of
> this application.
>
> Other such conflicts and grievances heard by this Fair Hearing Panel
> might include those regarding dominance or control of any single
> issue by means of membership in more than one constituency, other
> methods of unfair domination by special interests, matters concerning
> disputed membership in a constituency or the DNSO, disputes
> concerning membership dues, either in the DNSO or in a constituency,
> and so on.
>
> IV. POLICIES TO ENSURE INTERNATIONAL AND DIVERSE PARTICIPATION
>
> Because of the composition of the Names Council, there will
> automatically be international and diverse participation.
>
> V. POLICIES FOR DISCLOSURE TO THE CORPORATION BY MEMBERS OF OR
> PARTICIPANTS IN THE DNSO OF CONFLICTS OF INTEREST OR OTHER FINANCIAL
> INTERESTS IN MATTERS WITHIN THE SCOPE OF THE DNSO.
>
> These policies shall be the same as those for the Board of the
> Corporation.
>
> VI. METHODS FOR FUNDING THE DNSO AND PROVIDING FUNDING FOR THE
> CORPORATION
>
> The DNSO shall fund all costs of DNSO and Names Council membership
> and other meetings and communications, and all administrative and
> other costs associated with membership, from membership fees as
> established from time to time. Membership fees shall be set at a
> level sufficient to cover administrative and other costs associated
> with membership, including the cost of verification of identity.
>
> The constituencies 1-5 shall fund all other expenditures and
> contributions to ICANN.
>
> The Names Council shall draw up a budget for each calendar year which
> shall include receipts and all expenditures for which the DNSO is
> responsible. These include the contributions payable to ICANN, the
> administrative costs for DNSO and other expenditures for membership
> meetings, conferences and hearings. The budget shall include a
> provision for reasonable reserves, not to exceed [xx]% of the
> previous year's budget.
>
> Members of the Names Council shall serve without compensation,
> provided, however, that members of the Names Council may be
> reimbursed by the DNSO for out of pocket expenses incurred in
> connection with their function if the expense is objectively
> necessary, and if the member seeking reimbursement can document the
> expense and show plausibly that the member could not perform the
> member's duties as a member of the Names Council without such
> reimbursement.
>
> Members of the DNSO shall provide funding as follows:
>
> A. Each member must pay annual dues in an amount equivalent to US$xx
> [$50-$100].
>
> Membership fees can only be changed by resolution of the entire
> membership by affirmative vote of at least 80% of the membership
> [eligible to vote] [voting on the resolution]. The membership may
> not vote to reduce membership fees without a substantiated showing
> that expenses of the DNSO can be met by the reduced fees.
>
> B. Pursuant to the Corporation's Bylaws Art. VI, Sec.3(b)(vi) and
> Art XI, Sec.4(b), fees and charges imposed by the Corporation shall
> be passed along by the DNSO to the parties receiving the services or
> benefits provided by the Corporation. Any other amounts in the DNSO
> budget that are not covered by the membership fees referred to in A.
> above shall be paid by each constituency in an amount proportional to
> its number of representative members on the Names Council.
>
> C. Payments required to be made can only be changed by an
> affirmative vote of at least 80% of the Names Council, and only after
> the Names Council has consulted with all the constituences regarding
> the change. [The change must be approved by the ICANN Board.]
>
> D. Each year's budget must be submitted by the Names Council to each
> of the constituencies for approval. If the constituencies do not
> unanimously approve the budget, it shall be submitted to the entire
> DNSO membership for approval. Approval by the DNSO membership shall
> be decided by a simple majority vote of [the members voting] [all
> eligible voters]. If the membership does not approve the budget, the
> budget shall be submitted to the Board of the Corporation which shall
> have the power to determine the budget.
>
> E. Any surplus from membership fees in a fiscal year shall be
> carried forward to the next year's budget.
>
> F. The Names Council shall appoint, by vote of at least 50% of the
> Council, one of its members to be the Treasurer of the DNSO, who
> shall have administrative control over receipts and expenditures. If
> the Treasurer finds that receipts or expenditures are significantly
> different from the budgeted amounts, the Treasurer shall propose an
> amended budget, which shall be subject to adoption and approval in
> the same manner as the original budget.
>
> APPENDIX A
>
> QUALIFICATIONS FOR MEMBERSHIP IN THE DOMAIN NAME SUPPORTING
> ORGANIZATION (pursuant to Art. VI, Section 2 of the Bylaws of
> Internet Corporation for Assigned Names and Numbers (the
> "Corporation"))
>
> The following are the qualifications for participation by any entity
> or organization for membership in the Domain Name Supporting
> Organization ("DNSO"), as described in Article VI, Section 2 of the
> Bylaws of Internet Corporation for Assigned Names and Numbers (the
> "Corporation"):
>
> Any entity or individual person with a legitimate interest in the
> Internet is eligible to be a member of the DNSO.
>
> APPENDIX B
>
> QUALIFICATIONS FOR MEMBERSHIP IN THE CONSTITUENCIES
>
> The following are the qualifications for participation by any entity
> or organization for membership in the constituencies, as described in
> Article I of this application:
>
> 1) Any entity or organization that is either
>
> a) A name registry (defined as an entity with write authority to a
> zone referenced by a TLD),
>
> b) Or a registrar of generic/global or country-code top- level
> domains ("TLDs") (defined as an entity with a direct contractual
> relationship with a registry to register names within a TLD zone),
>
> c) Or a network operator or service provider (defined as a legal
> person operating a name server for clients and offering Internet
> connectivity to third parties),
>
> d) Or other business or organizations (defined as any legally
> constituted organization with a legitimate interest in Domain Name
> issues),
>
> e) Or an organization representing trademark interests, defined as
> entities primarily concerned with trademarks or defending business
> against counterfeiting.
>
> 2) Associations of organizations qualified to participate in the
> constituencies may also become members, as may associations of
> associations (umbrella associations) whose members meet the
> conditions for participation in the constituencies. Associations and
> umbrella associations must, however, be legally recognized entities
> with substantial numbers of members. The Names Council will decide
> any questionable cases.
>
> --
> Kent Crispin, PAB Chair "Do good, and you'll be
> kent@songbird.com lonesome." -- Mark Twain
Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
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