[wg-review] NC Review Task Force Questionnaire
It is odd that the Names Council Review Task Force
Questionnaire was not circulated on the WG-review list. Here it is.
Philip.
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From: owner-council@dnso.org
[mailto:owner-council@dnso.org]On Behalf Of
Theresa Swinehart Sent: Friday, September 29, 2000 6:25 PM To: nc-review@dnso.org; 'names council' Subject: [council] NC Review 2.0 Circulation for Comment. All NC Review and NC members, Please find below the DNSO review 2.0 to be forwarded to all constituencies. Constituency representatives are responsible for forwarding this to their constituencies, and ensuring that any constituency comments are forwarded to the NC Review committee. Instructions on comments is in the document below under 'Instructions for responding'. Responses by October 9th would be most useful, and will be included in what is forwarded to the ICANN Board by October 13th. Later responses will also be incorporated in the report with conclusions and recommendations from the NC to the Board one week prior to the Los Angeles meeting. Comments from the GA are included in this outreach, and all can participate in that forum as well (i.e., this is a working group of the whole). Roberto is the point of contact, and together with Harald, should provide to the review committee comments from the GA. Specific for Constituency and GA representatives: In addition to collecting comments on the document below, we also need to include information on the growth and development of the DNSO. This information will be collected specifically in coordination with the respective constituencies, GA, and secretariat. Please provide as constituency representatives the responses for your respective constituencies, and/or where relevant. How have the membership of constituencies grown over the past year? How has the GA grown? How has contribution to ICANN and NC secretariat increased in past year? How many new countries added to membership in past year? How many countries are not represented in DNSO? ******************************************************************* DNSO Review 2.0 -- Outline for the DNSO Review Status of Draft: This document is the result of several drafts (1.1-1.3) discussed in the NC review, and NC, to formulate a document with questions that would provide a basis for constituencies to comment and review the DNSO. Document 2.0 was prepared following the NC teleconference September 21, 2000 and comments received following circulation after the call. Instructions for responding: Document 2.0 (which is Draft 1.3 with last NC comments) must be forwarded by each NC-Review Representative to the respective constituency for comment and input. Comments are to be compiled by the respective NC-Review Representatives, and forwarded to the NC-Review committee. The GA Chair will be responsible for overseeing the continued GA input to this working progress. In responses please provide concrete examples and the basis for conclusions, rather than just conclusory statements. Please also make clear from whom (not the person's name, but what interest(s) they represent) the comments are coming from. Please also offer specific suggestions; either that specific DNSO things are working well or that they are not; and if they are not how we think they can be improved. Time for Comments: Comments and responses to questions in document 2.0 received by October 9th would be useful and can be included in what is forwarded to the ICANN Board by October 13th. Later responses will also, of course, be incorporated in the report containing conclusions and recommendations from the NC prior to the Los Angeles meeting. I. Introduction: The DNSO is a Supporting Organization of ICANN, with the responsibility of advising the ICANN Board with respect to policy issues relating to the domain name system. The DNSO has the primary responsibility for developing and recommending substantive policies regarding to the domain name system. Additionally, the Board can refer proposals for substantive policies regarding the domain name system to the DNSO for initial consideration and recommendation to the Board. Subject to the provision of Article III, Section 3, of the ICANN bylaws, the Board shall accept the recommendations of the DNSO if it finds that the recommended policy (1) furthers the purposes of, and is in the best interest of, ICANN; (2) is consistent with ICANN's articles of incorporation and bylaws; (3) was arrived at through fair and open processes (including participation by representatives of other Supporting Organizations if requested); and (4) is not reasonably opposed by the ASO or PSO. II. Background: The DNSO was formally established in March 1999 as one of ICANN's three SOs. It was formed following extensive global discussions and communications, with the intent of trying to establish an SO that represented the stakeholders in ICANN necessary for developing and recommending substantive polices regarding the domain name system. Since its establishment, it has made three recommendations for policies to the ICANN Board involving dispute resolution, new top-level domains, and famous trademarks and the operation of the domain-name system. During this period it has also chosen four directors to the ICANN Board through two sets of elections. With this experience with the DNSO's actual performance, it is now appropriate to review the DNSO to determine whether it is fulfilling its commitments, and whether it needs to be adjusted in order to better fulfill them. III. Review: The objectives of the DNSO Review Committee are: · To review the DNSO's responsibilities and its work. · To recommend making DNSO function as designed. · To review and discuss this with the respective constituencies, and general assembly of the DNSO. Outlined below are sections addressing the structure of the DNSO, and specific questions on the responsibilities of the organization, and the structure. This draft attempts to consolidate comments received on draft 1.0, which was circulated to the NC-Review. The review will conclude with recommendations, if any, on how to better improve the fulfillment of the responsibilities of the organization, and whether any improvements require structural changes. The Initial Self-Assessment of the DNSO Review is due October 13th. III. DNSO Responsibilities: The DNSO is responsible for advising the ICANN Board with respect to policy issues relating to the domain name system. The DNSO's primary responsibility is to develop and recommend substantive policies regarding to the domain name system. Additionally, the Board can refer substantive policies regarding the domain name system to the DNSO for initial consideration and recommendation to the Board. To date, the DNSO has been tasked with the following responsibilities: A. Universal Dispute Resolution Policy (UDRP): Working Group A, Names Council's review of Working Group A report, followed by the Names Council recommendation based on the Working Group A's report to the Board and the final adoption by the ICANN Board. B. new generic Top Level Domains (new gTLDs): Working Group B and C, Names Council review of Working Group B and C's reports, followed by its recommendations to the Board. C. DNSO ICANN Board Elections: Two elections held: 1) October 1999, choosing three ICANN Board members for 3, 2, 1 years respectively; 2) September 2000, filling the three year seat for the 1 year expired seat. · To what extent has the DNSO fulfilled the responsibilities in A, B and C? · Have the policies recommended by the DNSO represented an adequate consensus of the affected stakeholders? Have the viewpoints of all stakeholders been considered? · Have the recommendations been well defined, useful in terms of being timely and being structured with a degree of specificity/flexibility appropriate to allow practical implementation? · To the extent the recommendations have been adopted as policies, have they received the support of those being asked to implement them? · Has the DNSO failed to address problems that have been called to its attention through the Names Council? · Does the DNSO performance require improvement, and if so, how? · Are the responsibilities of the components (NC, Constituencies, GA) and the relationship among them well defined? · How can the DNSO minimize the amount of subjectivity and increase the amount of objective consensus building, with its current structure? With a different structure? · Has the DNSO process brought expertise to the issues it has addressed? If not, how can the degree of expertise be enhanced? V. Structure: The structure of the DNSO is as follows: The NC, Seven constituencies, and the General Assembly. A. Names Council: Under the ICANN bylaws, the Names Council is responsible for the management of the consensus-building process of the DNSO. The NC consists of representatives selected by each of seven constituencies. The NC functions via a list serve, regular teleconference calls, and physical meetings in conjunction with ICANN quarterly meetings. There have been concerns that the DNSO Names Council has evolved into a generalist body. Questions below aim to address the role of the NC, and how to improve it. · Is the Names Council fulfilling its responsibility to steer and manage the DNSO consensus process, or can this be improved? · What are the proper expectations for the Names Council, and what is its proper role in relation to the DNSO and the ICANN Board? · Should the NC take a more active role in managing the consensus-development process, for example by giving working groups more defined charters and more frequently reviewing the state of their work? · How can the NC enhance the level of technical or other expertise employed in the consensus-development process? · How much or little should the NC be involved in the detailed management of ICANN? · Does the NC manage the policy-development process so that recommendations are reached in a timely manner? · Does the existing structure work to generate consensus recommendations on domain name matters? · Does the Names Council give appropriate level of consideration to the views of all affected stakeholders? · The NC recommendations have been criticized as often being 'weak', or merely reflecting the outcome of the respective working groups. How can the NC interpret the outcome of the working groups, and formulate a better defined and stronger recommendations consistent with the consensus process? · Do the NC representatives adequately communicate with their respective constituencies? Do the constituencies communicate with their NC representatives? · Does the NC adequately communicate with the ICANN staff and Board? · Does the NC adequately communicate with other SO Councils? · After consulting ICANN staff to address details which require legal and technical expertise, does the NC review whether or not such input is sufficient? · How can the NC improve the role of the DNSO under ICANN, and improve its ability to provide advice and input to the ICANN Board on domain name policy issues? B. Constituencies: · Are the constituencies a correct division? Are all DNSO interests adequately represented in the existing constituency groups? Do the current divisions aggregate individuals or entities with closely aligned interests and permit the development of focused positions? · Should the constituencies be reformulated by combining user constituencies? By combining provider constituencies? In some other way? · Is it up to each constituency to define its relationship with NC representatives or should the DNSO/ICANN have some minimal mandatory requirements for all? · What happens if an elected NC rep does not attend NC meetings, ignores constituency members? Is this up to the constituency to address, or should it be brought to the attention of the NC? · Are the constituencies fulfilling their role as open and transparent channels of dialogue and discussion toward the development of community consensus? Do they allow effective development of collective positions of those with similar interests? Does this process promote the development of overall community consensus? · Does the current constituency division minimize the effectiveness of the DNSO and NC? · Are the constituencies adequately representing the intended members? Or are there important parts of the Internet Community that may need better representation? · Should there be a constituency for individuals, and if so, how should its membership be constituted? · How do you ensure that individuals who choose to form an individual constituency represent the vast interests of individuals ? · No constituencies have been added since the original seven constituencies were recognized (provisionally) in May 1999. What should be the ongoing process for assessing whether the constituencies serving the goal of providing appropriate forums for affected stakeholder groups? C. General Assembly (GA): · What should the future role of the GA be? · Is the function of the GA properly defined? · How can the level of participation by constituency members in the GA be improved? · How can the level of participation by GA members in the GA be improved? · If changes are made in the constituency structures, and possibly an individual constituency added, should the GA continue to exist? D. Working Groups: · Are the working groups an appropriate mechanisms to foster consensus in the DNSO? · If the NC can't find consensus in a working group report, what should be the next step? · Are there mechanisms other than working groups that the NC should employ in managing the consensus-development process? For example, assigned task forces? E. Secretariat: · What is the relationship between the ICANN Secretariat, the DNSO secretariat, and the Constituency secretariats? VI. Other Review Questions: · Have the DNSO recommendations furthered the ICANN work consistent with the provision in Article VI, Section 2(e), of the ICANN Bylaws, that the ICANN Board shall accept recommendations of the DNSO if the Board finds that the recommended policy (1) furthers the purposes of, and is in the best interest of, the Corporation; (2) is consistent with the Articles and Bylaws; (3) was arrived at through fair and open processes (including participation by representatives of other Supporting Organizations if requested); and (4) isn't reasonably opposed by any other Supporting Organization.
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