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Subject: Edits to Charter Version under Review
From: guest@socialtext.net
Date: 2011-03-19 19:07:50 GMT
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Revision: 19
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Summary: Many edits were made based on Editorial comments. Issues discussed and their resolution Issues brought by Andrew A. Adams AA-1: 2.2.2. Ineligible organizations. ... 3. Organizations that ..., or are represented in ICANN through another Supporting Organization; ... I'm concerned about the overlap cases betweeen NCSG and other groups. While these gro...
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Many edits were made based on Editorial comments.
Issues discussed and their resolution
Issues brought by Andrew A. Adams
AA-1:
2.2.2. Ineligible organizations.
...
3. Organizations that ..., or are represented in ICANN through another
Supporting Organization;
...
I'm concerned about the overlap cases betweeen NCSG and other groups. While
these groups should be relatively distinct, there will always be boundary
cases of organizations who could be deemed to fall within the remit of two
groups. While being a member of two groups should not be allowed, I do think
there is a potential difficulty where a group falls between two SGs and
neither is willing to accept them because of such rules. Could some "weasel
wording" help here to indicate that organizations need to select the "most
appropriate" SG to represent their interests, should they be eligible for
membership of multiple SGs. There's also the issue of NCSG possibly being
whittled away by other SGs (who may have less firm charter membership rules)
gradually subsuming edge areas of NCSG.
Possible handling
Add the following to 2.3.3 Para 3
An organization which is a member of another GNSO Stakeholder Group or Supporting Organization may request Observer status in the NCSG. Such a request would be acted on by the Executive Committee. An observer in the NCSG could participate in discussions and in Interest-Groups, but would not have a vote or any other decision making participation and its members could not serve in NCSG leadership positions unless they became Individual members under the criteria described in section 2.2.5.
Issues brought by Rosemary Sinclair
RS-1. Section 1.1 (deletion)
It provides a voice and representation in ICANN processes to: non-profit organizations that serve non-commercial interests; nonprofit services such as education, philanthropies, consumer protection, community organizing, promotion of the arts, public interest policy advocacy, children's welfare, religion, scientific research, and human rights; families or individuals who register domain names for noncommercial personal use; and Internet users who are primarily concerned with the noncommercial, public interest aspects of domain name policy and are not represented in ICANN through membership in another Supporting Organization or GNSO Stakeholder Group
Delete: and are not represented in ICANN through membership in another Supporting Organization or GNSO Stakeholder Group
Proposed Handling: while this is currently under discussion in the section on membership, it is probably unnecessary here. Ok, Delete.
RS-2. Title Section 1.2 (replacement)
Replace: Principles
with: Principles for Leaders and members
Proposed Handling: Ok, Replace
RS-3. Section 1.2
Under heading c) Service standards for elected officers.
...
Service standards for leadership positions include impartiality, accountablitiy and avoidance of conflicts of interest.
Proposed Handling: Ok, Replace
RS-4 Section 1.2 (additon)
Add a section on member behavior similar to eg 1.3.3. from the CSG Transitional Charter; 1.2 Registrar Transitional Charter
...
Behavioural expectations of all NCSG members, including without limitation: adhering to ICANN Bylaws/Policies; supporting the bottom-up consensue model; treating others with dignity, respect, courtesy and civility; listening attentively and seeking to understand others; acting with honesty, sincerity and integrity; and maintaining community good standing.
Proposed Handling:
The word Civility has be egregiously misused within ICANN to control the behavior of others. I suggest adding the section but dropping the word 'civility' which has become an ICANN keyword for suppressing dissent - if we learned to treat each other with dignity, respect and courtesy, that should be be enough - civility add nothing to this list other then the notion of prevailing attitude. The word civility also has a strong colonialist implication.
I would also suggest dropping "and maintaining community good standing." as it also implies a notion of self-suppressing dissent based on trying to fit in with those who hold the community's predominant viewpoint.
RS-5 Section 2.1 (structural change)
Suggest for maintaining the concept of Constituencies that are Board approved
Proposed Handling:
Not make this change unless there is apparent consensus in the membership for doing so. this same disposition would pertain to all other insertion of the word constituency except for 7.3.
...
o Working with ICANN finance officers, Insure that the NCSG and Interest-groups receive fair and equivalent financial support from ICANN.
Further discussion on this point was brought up by Debbie Hughes
About my comments: My concern is that we should provide for constituencies and I have inserted constituencies throughout. The Board continues to recognize the constituency structure and has not indicated the level of support and recognition that will be given to Interest Groups. Since it remains unclear what resources, standing and
recognition interests groups will have within the ICANN community (by the Board, Staff, Work Groups/Teams, ACs, other constituencies and SGs,
etc.), I think we should continue to recognize and support constituencies and not dissolve them in this charter until the NCSG receives clarity on that point. I think we may be doing the NCUC and non commercial users a disservice by converting constituencies into Interest Groups without considering the ripple effect. While those of you who have been involved with ICANN leadership much longer than I may have spoken with Board and staff about this issue, the Interest Group concept is missing from the messaging and documents about ICANN structure and engagement.
...
So if we're going to debate constituency silos vs. an integrated SG let's do it on the merits, and not say that it has something to do with ICANN support. Of course, we have been doing that for more than 2 years now, so it's not a new argument. I'd refer people to the presentation NCUC made to the Board at the Seoul meeting, which seemed to settle the matter at least as far as the Board and SIC are concerned.
Proposed Resolution: no change
RS-5 2.2.5 On New Individual Members (Deletion)
3. An Individual who is employed by or a member of a large noncommercial organization (universities, colleges, large NGOs) and it is too complicated or the Individual lacks the standing to get his/her organization to join on an organizational basis. This person can join NCSG in his or her individual capacity. The Executive Committee shall, at its discretion, determine limits to the total number of Individual members who can join from any single organization (provided the limit shall apply to all Organizations equally).
Delete: and it is too complicated or the Individual lacks the standing to get his/her organization to join on an organizational basis. This
Proposed Handling: Accept the deletion in principle, but change:
An Individual who is employed by or a member of a large noncommercial organization
...
An Individual who is employed by or a member of a large non-member noncommercial organization
RS-6 2.4.3 (question)
Can a chair serve a maximum of 2 consecutive years?
Answer: Yes.
Proposed Handling: No change
RS-7 2.5.1 PC Composition (question)
...
Answer: It is not written that way. Since the PC does not make decisions, but rather makes recommendation of a rough consensus basis it did not seem necessary to limit them to observer only status.
Proposed Handling: No change
RS-8 3.1 NCSG Allocation (addition)
to:
No more then two GNSO Council Representative can be declared resident of the same geographic region as defined by ICANN.
...
To the maximum extent possible, no more then two GNSO Council Representative can be declared resident of the same geographic region as defined by ICANN.
Proposed Handling:
While this is a problem in the GNSO Council because most of the other SG are not very diverse from a geographic basis, this has not been a problem in NCSG. However, since this rule is more stringent then the rules in the Bylaws, adding the phrase may be ok.
Allow the addition.
RS-9 3.3.1 Participation:
Question on: unless they give prior notice to the NCSG-PC and GNSO Council. Should provision be made in the GNSO Council Operating Procedures for absentee or proxy mechanisms, the Council Representatives will be responsible for notifying the NCSG Chair with sufficient notice to allow the Executive Committee or Policy Committee, as required by those rules, to take advantage of such provisions.
...
RS recommend inserting a "where possible" qualifier.
Proposed Handling:
Replace:
Should provision be made in the GNSO Council Operating Procedures for absentee or proxy mechanisms, the Council Representatives will be responsible for notifying the NCSG Chair with sufficient notice to allow the Executive Committee or Policy Committee, as required by those rules, to take advantage of such provisions.
...
Should provision be made in the GNSO Council Operating Procedures for absentee or proxy mechanisms, the Council Representatives will be responsible, where possible, for notifying the NCSG Chair with sufficient notice to allow the Executive Committee or Policy Committee, as required by those rules, to take advantage of such provisions.
RS-10 4.3 Proportional Voting (question)
It must be clear that a perosn has joined as an Individual or as an Organisation to prevent individuals later claiming additional votes on the basis of being part of an organisation - the Organisation must be the member for the additional votes to apply
...
I leave the question of whether it a good idea to the membership. This is an idea that is carried over from the earlier proposed charter and has ben the tradition in NCUC since before the individual membership category was added in 2009.
Proposed Handling: Leave proportional voting.
Add a line: Membership classification will be based on the official membership list, which must include the category of membership and must be verified before any vote.
...
As I said it is up to the NCSG to present the charter it wants to the Board. Should they decide that they want us to have constituencies, they will send it back telling us so and we can discuss and negotiate with them if we wish. On the other hand if they accept the charter, as I expect they will, then it is up to the Board, and the staff acting on their will, to make sure that our Stakeholder Group with its Interest-groups get the proper and equivalent level of support. And it will be up to our leadership to make sure that happens. That is what it means to have bottom process, approved by the Board and supported by the Staff.
...
Issues brought by Debbie Hughes
DH1 question regarding individual membership
1. An Individual who has registered domain name(s) for personal, family or other noncommercial use;
2. An Individual Internet user who is primarily concerned with the non-commercial public-interest aspects of domain name policy, and is not represented in ICANN through membership in another Supporting Organization or GNSO Stakeholder Group; or
3. An Individual who is employed by or a member of a large noncommercial organization (universities, colleges, large NGOs) can join NCSG in his or her individual capacity. The Executive Committee shall, at its discretion, determine limits to the total number of Individual members who can join from any single organization (provided the limit shall apply to all Organizations equallyhughesdeb1 ).
...
I think the most important thing about clause 3 is that it indicates that an individual who is employed in an NGO or other noncommercial can join even if his or her organization doesn't, and it gives the EC some leeway to limit the number that join from a specific non member organization if needed. Yes, some of this can be interpreted from other points in the charter, but I beleive it does no harm to be explicit.
Proposed Resolution: No change
DH2 - change waiting period from 60 days to 30 days before a new member can vote.
Any NCSG Member who has been a member for at least 30hughesdeb1 days from the date of the election is eligible to nominate candidates, vote in NCSG elections, and propose amendments to the NCSG Charter.
...
Proposed resolution: Accept the change
...
Issues brought by Alex Gakuru
AG1 1.1 Mission.
(para 2)
It provides a voice and representation....
a) propose: add category "free/open source software" - to cater for public interest software groups (Justify: Free/Open Source Software is at the 'core' of the Internet)
Proposed resolution: add
Sentence would become:
It provides a voice and representation in ICANN processes to: non-profit organizations that serve non-commercial interests; nonprofit services such as education, philanthropies, consumer protection, community organizing, promotion of the arts, public interest policy advocacy, children's welfare, religion, scientific research, and human rights; public interest software concerns; families or individuals who register domain names for noncommercial personal use; and Internet users who are primarily concerned with the noncommercial, public interest aspects of domain name policy.
AG2
b) propose: a clause on circumstances for membership suspension/termination? (for example, if it was reasonably established that their continued membership and/or activities defeat or contradict noncommercial interests?) Justify: Charter defines new membership in(eligibilty) but is silent on possible later changes on an existing members circumstances.
...
The Executive Committee shall create procedural rules for membership and for existing members to maintain their good standing. Any such procedure will be subject to membership approval.
Proposed resolution: replace
The Executive Committee shall create procedural rules for membership and for existing members to maintain their good standing.
...
The Executive Committee shall create procedural rules for membership and for existing members to maintain their good standing or for removal of membership for cause.
AG3 2.2.2. Ineligible organizations.
4. Government organizations or departments whether local, regional or national;
...
Answer from Avri: I think this depends on the location. Sometimes they are and sometimes they aren't and I think that we should use the national designation as the bright line criteria. If they are part of the government in then of course they are ineligible. On the other hand even if they aren't government, can regulators be said to have predominantly non-commercial interests? For those who have a specific non commercial mandate and are not part f the government, I think they already can join under the other criteria.
Proposed resolution: no change
AG4
question 2: whether Advisors to Regulators also fall in this category? Giving due consideration of such persons role (e.g. consumer protection) in the regulatory environment bearing in mind that ICANN, is by its role, is an Internet Regulator?
...
Note while the question of ICANN as a regulator may be debated, i think it is clear that ICANN does not have a specifically noncommercial mandate.
Proposed Resolution: no change
AG5
question 3: or should any such above persons join in their individuals capacity?
Answer from Avri: If the meet the criteria for Individuals, they certainly that is an option.
Proposed Resolution: no change
AG6
2.4.4. EC Work Process
• online document collaboration tools, for example Google Document, Google Wave and other available network cloud based tools.
...
Answer from Avri: Good point:
Proposed Resolution: drop names of examples.
replace existing with:
online document collaboration tools as well as available network cloud based tools
AG7
2.6.1. FC Composition.
.... The NCSG Chair will participate as an ex‑officio member of the NCSG‑PC and will be included in consensus process and votes.
...
Answer from Avri: Yes, thank you.
Proposed Resolution: fix
...
Issues brought by Desiree Miloshevic
It provides a voice and representation in ICANN processes to: non-profit organizations that serve non-commercial interests; nonprofit services such as education, philanthropies, consumer protection, community organizing, promotion of the arts, public interest policy advocacy, children's welfare, religion, scientific research, and human rights; public interest software concerns; families or individuals who register domain names for noncommercial personal use; and Internet users who are primarily concerned with the noncommercial, public interest aspects of domain name policy.
...
"Unless otherwise specified voting is on a majority basis.
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