Re: [ga] MOTION - "In Favour" or "Opposed" ???

["William S. Lovell" <wsl@cerebalaw.com>]

The Bylaws, Sect. 3(b), state "The initial Constituencies shall
consist of . . .
(emphasis added)," which clearly implies that more can be added. I
concur
with what Chuck says, while also recognizing that constituencies might
also
be added without amendment of the Bylaws.  However, that would
create
a kind of "poor relation" relationship, not being cast in stone in
the Bylaws.
The amendment sought would be to (a) strike the word "initial" from
the
above quote; and (b) amend the list to add another entry, e.g., Independent
Domain Name Holders" or whatever one wants to call it. (And maybe to
arrange them again in alphabetical order, so as to be No. 4 on a list
of 8!)

Any move to seek such an amendment, however, should be predicated on
having (a) a whole lot better definition of what the constituency would
comprise than I have seen so far on any constituency; and (b) an organized,
dedicated, serious bunch of people (who have better things to do than poke
sticks at each other) who would each "sign" the document seeking the
amendment.  Alternatively, one might create a temporary "Independent
Domain Name Holders Constituency Committee," list of members attached,
and the document be signed by some spokesperson.   And beyond that, it
should show the list of registered voters ("Have you registered to vote yet?")
AND the actual results of any election by means of which the committee was
formed. Assuming that this ga goes through first with its poll and then with an
actual vote of some kind, a proposition to be voted on might be whether or
not to form such a committee, further explaining therein that what would be
sought would be a communication to the ICANN BoD, through proper
channels, requesting that the Bylaws be so amended.

Bill Lovell

"Gomes, Chuck" wrote:

Vany,

I understand that.  That was because the initial constituencies were
preselected and listed in the Bylaws.  That is not the case for any new
constituencies that may be added.

I am not suggesting that the Bylaws specifically require the organization to
be established before acceptance nor can I speak for the board or the NC.  I
was just suggesting that the case for a new constituency would be greatly
strengthened if the constituency could show that it is already organized and
that it represents a good representation of individual domain name holders.

It is true that the board may create a new constituency if it wants.  If
those interested in having the constituency want to wait until that happens,
that is fine.  It is my opinion that it might take a long time or maybe
never happen unless the board sees some evidence of the viability of the
organization and that it represents a broad base of individual domain name
holders.

Chuck

-----Original Message-----
From: Nilda Vany Martinez Grajales [mailto:vany@sdnp.org.pa]
Sent: Wednesday, May 09, 2001 10:43 AM
To: [ga]
Subject: RE: [ga] MOTION - "In Favour" or "Opposed" ???

Hi Chuck:

When the constiuecnies were created, there wasn't any group formed yet.
All constituencies were organized after they creation by the ICANN Board,
not before.  This means that individuals doesn't have to be organized
before the ICANN Board decides to add an individual constituencie.  What
IDNO and other organizations and individuals are asking to ICANN Board is
that recognizes the need of a Constituency that represents the interests
of the Individual Domain Names Holders.  Once the ICANN Board recognize
such need and creates a new constituency, then, and only then, the groups
interested in concrete such constituency by means of a charter begins to
organize themselves for futher approoval of the ICANN Board of such
charter.

The steps decribed above was the procedures almost all constituencies
followed, including the Non-Commercial Domain Names Holders Constituency.

If ICANN Board have the intention to create a new Constituency that
representes the Individual Domain Names Owners, then they should make a
resolution of such intentions and instruct publicly all the requirements
and procedures to follow for those groups that wish to organize such new
constituency.

Best Regards
Vany
:-)