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Background

The ICANN At-Large Advisory Committee (ALAC) annually selects a person to act as its Liaison to the ICANN Board of Directors. The ALAC Liaison, as is the norm for such positions on the ICANN Board, has full speaking rights but cannot make motions or vote. By current convention, the Liaison may participate (but not vote) in some Board committees but typically not the more strategic ones (Audit, Compensation, Executive, Finance).

The ICANN Board, during its August 2009 meeting, approved in principle that the ALAC Liaison to the Board be replaced by one Director, with full Board-member privileges, to be appointed from the At-Large Community (full details in Appendix 2). This was a compromise position between those who favoured the status quo, and those who advocated replacing the Liaison with two voting Board members (equivalent to the Board members selected by the ICANN Supporting Organizations, the GNSO, ccNSO and ASO), as recommended by the ALAC Review Committee in its report of June 2009 (http://www.icann.org/en/reviews/alac/final-report-alac-review-09jun09-en.pdf).

The Board has requested that the ALAC submit to the Board Structural Improvements Committee (SIC) a plan for how to select the Board member with the intent of having the new member seated no later than the Annual Meeting scheduled to be held in December 2010, and preferably no later than the ICANN meeting scheduled to be held in Brussels in June 2010.

Prior to the creation of this white paper, a number of teleconferences were held. The initial one was a brain-storming session of the North American Regional At-Large Organization (RALO) which resulted in a proposal for the overall structure of the process as well as suggesting a number of specific features. This was followed by a community-wide teleconference on the process and later one on voting mechanisms. Full details may be found in Appendix I and links to all resources can be found at the Portal for At-Large Director Selection Process (https://st.icann.org/working-groups/index.cgi?at_large_director_appointment_process).

Comparable Processes within ICANN

The new At-Large Board seat is the first seat allocated to an ICANN Advisory Committee (AC), but there are a number of seats currently allocated to the three ICANN Supporting Organizations (SO) s: The Generic Names Supporting Organization (GNSO), the Country-Code Names Supporting Organization (ccNSO) and the Address Supporting Organization (ASO). Each SO appoints two Board seats. In all cases, the Bylaws designate the seat for the overall Supporting Organization, and in all cases, the actual selection is made by the SO Council (perhaps with advice or initial participation from the various groups comprising the entire SO).

Using At-Large terminology, this is analogous to the Board seat being designated as an “At-Large” seat, but selection is made solely by the ALAC. The Board direction was clear in that this is not just an ALAC appointment, but one to be done with the involvement of the entire At-Large Community – a more community-based selection mechanism than thatused by the SOs.

Methodology for Comment on the Outcomes of the White Paper Process

At its 22 December 2009 teleconference, the ALAC charged a small group(1|https://st.icann.org/static/3.6.0.6/skin/s3/html/wikiwyg.html#_ftn1]with creating the initial draft of this white paper. It is expected to be distributed for wide-spread comment early in January 2010. Regardless of the details of the process is decided upon, it will take time to implement and carry out. It is therefore important that the process itself be determined with the utmost speed if we are to meet the target of seating the new Board member by June 2010. More specifically, if this date is to be met, the process must be frozen and approved by the Board no later than the end of the Nairobi meeting in March 2010.

Milestones of the overall process to include:

·Dates of SIC meetings and document deadlines

·RALO discussion / ratification of final process

·ALAC meeting to ratify recommendation to the Board

·Board meeting dates and document deadlines

Please Note: The above milestones presume that the recommendations of this White Paper are accepted by At-Large and the ICANN Board. If changes are made, milestones will need to be altered accordingly.

Decision Process

The only body within At-Large empowered to provide formal advice to the Board (and implicitly its committees) is the ALAC and therefore it falls on the ALAC to formally decide on the process to be recommended for the selection of the Board member. However, it is imperative that this process be developed by the larger At-Large Community.

The August 2009 Board resolution calls for the new Director to be appointed from the At-Large Community (see Appendix 2). The At-Large Community is formally defined in the ICANN Bylaws XI-2.4i (http://www.icann.org/en/general/bylaws.htm#XI-2.4i). In essence, it is comprised of the five RALOs, their respective At-large Structures (ALSes) and the individualALSmembers, all as specified by the each RALO Memorandum of Understanding with ICANN and as overseen by the ALAC according to its rules and procedures.

That notwithstanding comment on and input into this current deliberation paper is sought from the wider community of those interested in ICANN At-Large issues. To that end, the following means(as a minimum)will be used to disseminate this and succeeding drafts and solicit comments:

· At-Large lists –ALAC, At-Large and all RALOs with a request to further disseminate to ALSes and engage their members.

· At-Large Wikis (with ability to comment directly)

· ICANN Public Comment Process

· The CPSR Internet Governance mailing list (governance@lists.cpsr.org)

· Appropriate WSIS, IGF and ISOC communications channels

Moreover, it is hoped that comments will also be received from members of the ALAC Review Committee, the Board Structural Improvements Committee and the ICANN Board, all with a hope of ensuring that the process meets the original intent of those bodies that recommended the creation of an At-Large seat on the Board, and so that the resultant process can be approved with due haste.

At-Large Board Selection Design Team (ABSdt)

A small group will need to be created very quickly to firmly define the time-line and oversee the process. Part or all of the ALAC Executive Committee could comprise this group, but it should not be limited to these people. Once candidates are formally solicited, no one who has submitted their name may participate in ABSdt deliberations.

The ABSdt will oversee the formulation of the selection processaswell as oversee its execution. In future selections, a new person or body will be charged with this responsibility.

Terminology

The term “appoint” is used in this document to refer to the process of selecting a person to fill the At-Large Board seat. The use of this term is not meant to be at odds with the term “elect” or “select” or whatever, nor is it meant to imply one process over another.

The Issues

A number of issues must be resolved in order to meet the preferred target. Each has been the subject of significant discussion and some controversy.

1. 1. Term of appointment
   2. Director qualifications
   3. Creation of list of candidates
   4. Electorate
   5. Voting process

It is important to note that the process being designed need not be the one that is used in the long-term. Once the Board seat is filled, there will be plenty of time to craft a long-term process. This current process must be seen as being fair to all parties, but there are tight time constraints in putting it in place.

Notes and Appendices:

Members of the White Paper drafting team

• Sébastien Bachollet
• Alan Greenberg
• Dave Kissoondoyal
• Cheryl Langdon-Orr
• Evan Leibovitch
• Carlton Samuels

Related web pages and links:

ABS%20White%20Paper_FINAL_11012011_EN.pdf

Call%20for%20community%20Comment%20on%20ABS%20White%20Paper_FR_final.pdf

ABS%20White%20Paper_ES_final_08012010-RevisedContent_FINAL-ES.pdf

Appendix 1 - Documentation of Prior Actions

Appendix 2 - Announcement and Minutes of ICANN Board Resolution 27th August 2009

Glossary

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Additional information:

Communication between Cheryl Langdon-Orr and Tricia Drakes on ALAC Review WG view on At-Large Director selection process

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Comments:

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