There has been a discussion on the need for possible changes to the Bylaws to cover the changes being proposed in the way constituencies are formed.
Section 5. STAKEHOLDER GROUPS
1. The following Stakeholder Groups are hereby recognized as representative of a specific group of one or more Constituencies or interest groups and subject to the provisions of the Transition Article XX, Section 5 of these Bylaws:
a. Registries Stakeholder Group representing all gTLD registries under contract to ICANN;
b. Registrars Stakeholder Group representing all registrars accredited by and under contract to ICANN;
c. Commercial Stakeholder Group representing the full range of large and small commercial entities of the Internet; and
d. Non-Commercial Stakeholder Group representing the full range of non-commercial entities of the Internet.
2. Each Stakeholder Group is assigned a specific number of Council seats in accordance with Section 3(1) of this Article.
3. Each Stakeholder Group identified in paragraph 1 of this Section and each of its associated Constituencies, where applicable, shall maintain recognition with the ICANN Board. Recognition is granted by the Board based upon the extent to which, in fact, the entity represents the global interests of the stakeholder communities it purports to represent and operates to the maximum extent feasible in an open and transparent manner consistent with procedures designed to ensure fairness. Stakeholder Group and Constituency Charters may be reviewed periodically as prescribed by the Board.
4. Any group of individuals or entities may petition the appropriate Stakeholder group for recognition as a new or separate Constituency in the Non-Contracted Parties House. Any such petition shall contain:
a. A detailed explanation of why the addition of such a Constituency will improve the ability of the GNSO to carry out its policy-development responsibilities;
b. A detailed explanation of why the proposed new Constituency adequately represents, on a global basis, the stakeholders it seeks to represent;
c. A recommendation for organizational placement within a particular Stakeholder Group; and
d. A proposed charter that adheres to the principles and procedures contained in these Bylaws and in the charter of the Stakeholder group.
5. The process for applying to create a new Constituency shall consist of two phases, a candidacy application and a full status application. Approval of an application for either candidacy or full status will require a supermajority (2/3) vote in the Stakeholder group executive committee to which application is being made.
6. All decisions regarding Candidacy applications made in a Stakeholder Group will be subject to review and ratification by the Board after having been posted for public comment. In the event that the Board does not ratify the decision of a Stakeholder Group Executive Committee as related to a constituency application, the Board will inform the Stakeholder Group Executive Committee of the issue and will give the Stakeholder Group an opportunity to reconsider its decision. If after such reconsideration, the Stakeholder Group Executive Committee and the ICANN Board cannot come to agreement, the Board may overrule the decision of the Stakeholder group by a supermajority (2/3).
7. Specific processes for the candidacy process will be documented by the Board of Directors and will be referenced in the Stakeholder Group charters.
