Re: [ga-icann] the full text of the proposed IC Charter

[Jeff Williams <jwkckid1@ix.netcom.com>]

Joop and all,

  Other comments have been posted to the GA list.  Please review.
Ours are at: http://www.dnso.org/clubpublic/ga/Arc08/msg01487.html


Joop Teernstra wrote:

> Proposed
> INDIVIDUALS' CONSTITUENCY CHARTER
>
> (Individual Registrants)
>
> 1. Purpose and mission.
>
> To effect and ensure the recognition, representation, and input of
> Individual Registrants of Domain Names as bona fide stake holders in the
> Domain Name System (DNS), through an established and direct voice in all
> ICANN policy formulation bodies and functions.
>
> 2. Proposed names:
>
> The Individual Registrants' Constituency or the Individuals' Constituency
> (IRC or IC ), (subject to members' vote).
>
> 3. Constituency principles:
>
> Transparency and accountability to the members.
> One individual, one vote.
>
> Constituency Membership criteria
>
> 4.1. IC constituency membership is open to any person who is an individual
> domain name holder
> 4.2 An Individual Domain Name Holder is any person who can demonstrate a
> level of control over a specified domain name that a reasonable person
> would conclude grants the individual person the exclusive legal right to
> exploit the specified domain name worldwide subject to applicable laws.
>
> Examples of items that may be submitted in support of an application
> include but are not limited to
> (i) evidence of applicants name on domain contact information
> (ii) evidence of applicant's funds used to pay registration fees, if any
> (iii) evidence that the applicant may cause the domain name to be relinquished
> (iv) evidence that the applicant is the beneficial holder of any domain
> name that is registered or operated by a third party
> (v) Where the applicant does not hold direct control over the domain name,
> written evidence must be provided that the controlling party is acting on
> instructions of the beneficial holder and that such instructions may be
> withdrawn at the applicant's sole discretion.
>
> 4.3 An individual shall not be entitled to more than one membership of the IC.
> 4.4 Where there are more than joint holders of a single domain, that domain
> would not meet criteria for membership.
> 4.5 No single domain name may be used to support membership of more than
> one individual.
> 4.6 The domain name used to meet criteria for membership shall not be a top
> level domain name or a reserved second level Domain name in registries
> where this level is not open for individual registration.
> 4.7. Membership is subject to approval by an elected Membership Committee,
> which, if such is warranted, examines the totality of the facts.
>
> Domain, Web site, Mailing Lists
>
> The Constituency shall have a Domain, a website, a web based Polling
> System, a discussion list ( the List Assembly), and an announce list all
> under control of duly elected officers.
>
> "Bootstrap" Committee
>
> In order to function as a representative mechanism of the Individuals who
> have joined the Constituency as members, the core of the Constituency must
> be an elected Committee on Elections.
> (This core Committee is best bootstrapped from outside the Constituency and
> the Names Council is requested to appoint the DNSO Secretariat to organize
> and oversee the election of the first IC Committee on Elections.)
>
> Nominations for office
>
> 5.1. Any member can nominate any other member as a candidate for any
> elective, appointive, or nominative office of the IC.
>
> 5.2 Nominations can only be made by posting to the open discussion list
> under unique and reserved headers. Nominations for elective office will be
> closed 21 calendar days prior to a scheduled election, unless this period
> is extended by the Committee on Elections.
>
> 5.2. The candidate must accept the nomination by posting acceptance
> to the open discussion list and for elective office not later than 14
> calendar days prior to a scheduled election.
>
> 5.3. Self-nomination is not permitted.
>
> 5.4 In order to be placed on the candidate list, all nominations must
> also secure a seconding vote from a member, which must be posted on the
> open discussion list and on the web site.
>
> Conflicts of Interest
>
> 5.6 All candidates for elective office, in particular those who qualify
> for a seat on the Names Council, must declare their relevant interests, for
> determination of possible conflicts of interest. No elected officer shall
> vote on any matter in which he or she has a material and direct interest
> that will be affected by the outcome of the vote.
>
> Voting for Officers and Representatives
>
> 6. Election Procedures and Voting Rights
>
> 6.1 Responsibility for election scheduling, procedures and polling booth
> administration will rest with a 3 member Committee on Elections, directly
> elected by the Membership. The term of office of the Committee on Elections
> members is 24 months.
>
> Responsibilities of the Committee on Elections.
>
> 6.2.1.The Committee on Elections will elect an executive Polling Officer
> from their number. The executive Polling Officer is responsible for the
> administration of the Polling Booth but all decision making will be joint.
> All correspondence with the voters will be copied to all members of the
> Committee on Elections.
>
> 6.2.2 The Committee on Elections will be responsible for formulating
> the questions to be asked .
>
> It will be responsible:
>
> 6.2.3 To publish, on the announce-list , the list of positions
> open for election, and date and duration of the election.
>
> 6.2.4 To collate, validate, and publish on the announce-list ,
> the list of candidates, in alphabetical order, not less than 5 calendar
> days prior to the opening of voting.
>
> 6.2.5 To assist nominated candidates for election with publishing a
> photograph, bio-sketch or statements of position on the IC web site at a
> reasonable time prior to opening of voting.
>
> 6.2.6 To validate, collate, and publish on the announce-list ,
> the results of the election.
>
> 6.3 In all voting procedures all members will vote as individuals, with
> equal voting rights for all individuals.
>
> 6.4 Owning more than one domain name will not give rights to multiple
> votes per individual member.
>
> 6.5 Voting will take place on-line only.
>
> 6.5.1 For each vote the Executive Committee, liaising with the
> Committee on Elections, decides which voting options will be the most
> appropriate and will direct the Committee on Elections to clarify the
> options to all voters.
>
> 7. Elected Representatives.
>
> 7.1. In any election, a candidate will be elected by gaining the greatest
> number of preference votes from the members.
>
> 7.1.1. In the event of a tie between 2 or more candidates, the members will
> re-vote to express their preference among the tied candidates.
>
> 7.1.2 A member can hold unbroken elected office not to exceed four
> years after which there is a mandatory stand down of at least 1 year before
> eligibility for re-election.
>
> 7.1.3 All official votes results will be recorded on the constituency website.
>
> Executive Committee
>
> 7.2 An Executive Committee will be elected of seven members. The List-Chair
> (elected as in Article 8 and subsections) will be a de facto member of the
> Executive Committee.
>
> 7.2.1 Insofar as possible the nominations to the positions on the
> Executive Committee will represent the geographic diversity of the
> membership in accordance with the 6 global regions determined by the ICANN
> bylaws. Either residence, domicile, citizenship or the jurisdiction of
> domain registration may be used to determine fulfilment of ICANN's
> geographic diversity criteria.
> In case more than one elected candidate is from the same region, the next
> candidate that fulfils both the voter preference and the geographic
> diversity requirement will be selected for the Executive Committee seat.
>
> 7.2.2 For all internal voting procedures the Executive Committee must
> form a quorum of 4 elected members for a valid vote to take place.
> All votes will be posted to the executive Polling officer.
>
> 7.2.3 Members of the Executive Committee will initially hold office for 12
> months.
> 7.2.4.The term of office may be extended to 24 months when at least 1000
> voters have participated in the election of those officers.
>
> 7.2.5. The Executive Committee shall annually elect from their number
> a Chairperson and a Secretary and/or other such officers as required. The
> List-Chair will not be eligible for an officer position in the Executive
> Committee.
>
> Role of the Executive Committee
>
> 7.2.4 The duties of the Executive Committee are:
>
> - ensuring the Articles in this Charter are duly complied with
>
> - maintaining an open discourse with the membership and enabling membership
> participation through the open discussion list , Standing Committees and
> WorkingGroups
>
> - managing the overall policy of IC within the framework set
> out in the Articles and subsections of this Charter
>
> - selecting and nominating the candidates for the Names Council seats
> as in Article 7.3
>
> - managing the overall policy presented by the Names Council
> representatives within the framework set out in the Articles
>
> - appointing the various spokespersons needed to promote the IRC as in
> Article 7.4
>
> - nominating officers for election to the Membership Committee
> as Article 4.8
>
> - liaising with the Membership Committee and the Committee on Elections
> within the jurisdiction of each of the Committees as laid out in the
> various Articles of this Charter
>
> - creating permanent Standing Committees and Working Groups when
> needed and appointing volunteers from the membership to work on those
> committees as Article 7.2.5
>
> - continuing to increase the visibility of the IC particularly
> with reference to outreach to new members
>
> - managing the resources of the IC, human and material, publishing the
> financial details as laid out in the financial Articles and subsections
>
> - ensuring that appropriate lists are created for the working groups
> and committees.
>
> Standing Committees and Working Groups
>
> 7.2.5. The Executive Committee will create permanent Standing Committees
> and ad hoc Working Groups that will be comprised of at least one Executive
> Committee member and other volunteer members. Membership of these SCs and
> WGs will be open to all members of the Association. Permanent Standing
> committees and Working Groups will generally be responsible for their own
> internal structure, but must elect for themselves a convenor at a minimum
> and any other officers that may be needed. The convenor will be charged
> with reporting back from the standing committee or Working Group.
>
> DNSO Names Council
>
> 7.3 Three seats are available for NC positions as noted in Article
> 2.1
>
> The Executive Committee will supply the membership with at least six
> nominations for Names Council candidates.
>
> 7.3.1 The highest number of votes qualifies the candidates for Names
> Council seats whilst as far as possible the elected candidates for a seat
> on the Names Council will reflect the geographic diversity of the
> membership in accordance with the 6 global regions determined by the ICANN
> bylaws.
>
> 7.3.2 In case more than one elected candidate is from the same
> region, the next candidate that fulfils both the voter preference and the
> geographic diversity requirement will be selected for the Names Council seat.
>
> 7.3.3 Either residence, domicile, citizenship or the jurisdiction
> of domain registration may be used to determine fulfilment of ICANN's
> geographic diversity criteria.
>
> 7.3.4 Names Council candidates who have been eliminated solely due
> to the geographic diversity requirement, may automatically fill a Names
> Council seat in case it becomes vacant.
>
> Spokesperson(s)
>
> 7.4. One or more spokesperson(s) will be appointed by the Executive
> Committee as and when needed.
>
> The IC List General Assembly
>
> 8. The IRC discuss-list shall be a General Assembly. Membership of the list
> shall be by voluntary subscription of voting members. Non-members shall
> have access to the list Archives.
>
> 8.1 Members may subscribe and unsubscribe from the discuss-list as they
> please but all elected persons must remain subscribed. Unless cogent
> reasons are presented to the membership, unsubscription will be regarded as
> resignation from the elected position.
>
> Unelected Members who unsubscribe from the discuss list cease to be List
> General Assembly voters, but retain their members' voting rights.
>
> 8.1.1 Members of the IC must remain subscribed to the announce-list in
> order that there may be a ready channel for information to be passed to them.
> Unsubscription from the announce-list will be regarded as resignation of
> membership from IC.
>
> LIST CHAIR
>
> 8.3 The IC discuss-listmembers will elect from among their
> number a Chair. The term of office for the list Chair shall be the same as
> for other elected positions within the IC. The List-Chair will be a de
> facto member of the Executive Committee but not subject to, nor influence,
> the Geographic diversity requirements of the other Executive Committee Members.
>
> 8.3.1 The Chair shall facilitate the discussion on the list so
> that initiatives in the form of motions from listmembers can be processed
> in an orderly fashion for decision by list-resolution.
>
> 8.3.2 The listmembers can recall the Chair when 10 or more
> listmembers call for a new election within a 7 day period. In such an event
> the Chair must step aside until the vote has taken place. All time-clocks
> on all motions, amendments etc will be stopped at the formal declaration of
> a vote. As the Chair will technically not be available for conducting the
> vote, the Committee on Elections will replace the Chair's role in formally
> calling the vote and setting the voting period.
>
> List Motions
>
> 8.4 Members may make motions to the list. For a motion to be
> acknowledged by the Chair the motion must receive at least one supporting
> second.
>
> 8.4.1 Amendments to a motion may be moved by any member within the List
> Motion time frame above. Amendments must receive at least one supporting
> second to be acknowledged by the Chair. Once an amendment is acknowledged
> by the Chair the clock is stopped on the motion and the original motion
> must pass to a list vote. If the motion fails to pass in the list vote the
> amendment also automatically fails. If the motion passes on the list vote
> the amendment is then also subject to a list vote. If the amendment passes
> the list vote the originating motion will then be modified in terms of the
> amendment.
>
> 8.4.2 Members may post an opposition to a motion at any time up to the 5
> day limit of formal acknowledgement noted above. If two or more members
> post a call for a list vote then the clock on the motion is stopped and the
> motion is then subject to a list vote.
>
> List votes
>
> 8.5 Votes will be taken on the list itself, when called for as in
> Article 8.4.2 above or when an amendment is acknowledged by the Chair. The
> Chair shall then formalise the vote by posting to the list the start-time
> of the vote and if necessary the close-time of the vote, with details of
> the topic under vote.
> In the absence of the Chair the Polling officer is responsible
> for posting the start and close-time of the vote.
>
> 8.5.1 The list membership shall be frozen at the point of a valid call for
> a list vote. The listmembers current at the point of call for a
> list vote will be the only ones permitted to be involved on a topic under
> such vote until the conclusion of the whole process up to and including the
> possibility of a membership wide vote on the matter as detailed below.
>
> 8.5.2. As soon as the list voters' roll is frozen, the Committee on Elections
> will publish the voters' names to the list.
>
> 8.6. No list vote will be deemed closed until at least 72 hours
> after the list Chair has declared it under way.
>
> 8.6.1 A full membership wide vote in the Polling Booth may be
> called, on any motion, by five or more members. The call for such a vote
> can take place at any time up to 72 hours after a motion has been declared
> carried by the Chair, either under the consensus rule or by list vote. When
> such a call is made the membership of IRC will be frozen and no new members
> joining the IC will be permitted to vote on the topic. The Committee on
> Elections will then be charged with publishing the vote call on the
> announce-list.
>
> Responsibilities of the IC discuss-list Chair.
>
> 8.7.1 The Chair shall ensure that the conduct of discussions is of
> a high standard in keeping with published IC list rules and with
> exemplary politeness, goodwill, firmness when necessary and common-sense at
> all times.
> The Chair can request a member to restrain themselves in the content of
> their postings, if such postings fall outside of the list rules. The Chair
> may refer the postings from a listmember to the full Executive Committee or
> to a vote if the listmember refuses to accept the Chair's rulings on the
> matter.
>
> 8.7.1.1 The Chair may call for a list vote for the suspension of a
> list member from participation on the list for a period of up to 14 days.
> Such a vote must have a majority in favour of suspension. In the event that
> a member continues to abuse his position on the list such that the Chair
> calls for a second time for a vote for suspension, each following vote for
> removal will extend the period of disbarment with twice the length of the
> previous one.
>
> The rules for freezing listmembership in the event of such votes being
> called will be those as under Article 8.5.1 above, with the added proviso that
> the listmembers entitled to vote in the first of such votes will be the
> only ones permitted to vote in the second and subsequent ballots.
>
> 8.7.2 The Chair ensures that list votes are conducted correctly.
> The Chair designates reserved subject lines for each vote. The Chair
> declares the start-time (and when necessary close-time) of the list vote.
> All times will be declared in GMT.
>
> 8.7.3 On Motions and Amendments the Chair ensures :
>
> 8.7.3.0 that motions and amendments (if any) are managed clearly, with
> correct priority.
>
> 8.7.3.1 To track the time-lines on each motion and amendment.
>
> 8.7.3.2 To publish to the discuss-list a listing of topics under
> formal acknowledgement from the Chair.
>
> 8.7.3.3 To post to the discuss-list clear declarations on the
> success or failure of all motions and amendments, whether by consensus or
> by list vote.
>
> 8.7.3.4 To post the modified text of a motion to the list in the
> event of a successful amendment being carried.
>
> THE IC WEB-SITE
>
> 9. The IC will maintain a web-site. The Web-site will contain, at a
> minimum, a publicly accessible Home page with links to other areas of the
> site including this Charter, the Polling Booth, a Members' only area where
> links to archived material required in these Articles are kept.
>
> 9.1 The Webmaster is either a member of the Committee on Elections or
> co-ordinates closely with them.
>
> 9.1.1 The Webmaster will ensure that the site is kept current.
>
> 9.1.2 The Webmaster will assist the candidates for elective office to
> post their pictures and all relevant details to the correct area of the
> site as required in Article 6.2.5.
>
> 9.2 All other material posted to the website must be cleared with the
> Executive Committee, or in the event of discuss-list requests, with the
> List-Chair.
> Neither the Webmaster or other members of the Committee on Elections shall
> have discretion as to relevant material to be posted to the site.
>
> Finances
>
> 10. Funding
>
> 10.1 The Constituency, except for a first-year Bootstrap Funding by ICANN,
> will be self- funding in principle.
>
> 10.2 The Funding source will be a yearly membership fee of $12 US dollars
> per member.
>
> 10.3  In return, all new Constituency members will be issued with a fourth
> level, but fully functional, icann.org domain name.
>
> (rationale:
> A. the members receive a tangible benefit in exchange. B. the benefit for
> Icann is the outreach effect inherent in the use of such domains. C. the
> additional benefit is that this domain [say nnnnnnnnn.alm.icann.org] can
> act as the unique identifyer used for voting)
>
> (issuing the members with these domains will have to be channeled through a
> registrar who will have to make a small profit on the transaction, and who
> gains exposure to tens of thousands of potential customers. This contract
> can be tendered out among all accredited registrars)
>
> No Incorporation
>
> 11. The IC will be a part of the DNSO of ICANN and will not be incorporated.
> Funding generated by way of services provided by commercial entities to
> members, will contribute to the funding of the DNSO. (to be worked out!!!)
>
> Factions and Parties
>
> 11.1 .The members are free to form political parties within the IC that may
> be incorporated in any jurisdiction of their choice.
> 11.2 The bylaws that govern Parties of the Constituency must incorporate at
> the very least the Mission Statement of the Constituency itself and the
> principles of transparency and accountability.
>
> 11.3 The Executive Committee is the final arbiter to judge whether
> prospective Parties fulfil the minimum criteria to be accepted as Parties.
>
> CHARTER CHANGES
>
> 12. Any member may propose an amendment or addition to this
> Charter.
>
> 12.1. The proposal for change is to be posted to the open
> discussion list to allow for debate on the issue/s.
>
> 12.2.Should there be a perceived need for the modification a
> minimum of 10 members must request a vote to be held.
>
> 12.3. While membership remains below 250 a simple majority of the voting
> members will suffice for a Charter Change. Thereafter a qualified majority
> of 67% of the voting members will be required for ratification of changes.
>
> Adhesion
>
> The undersigned, broadly in agreement with the provisions of this
> Constitution, join the drafters in their PETITION to the Board that
> constituency status will be granted to a Constituency of Individual
> Registrants by the above Name and with approximately the following
> formation rules:
>
> 2.2. The Undersigned are requesting the ICANN board to approve membership
> of the DNSO in accordance with the provisions of the ICANN Bylaws and allow
> it to contribute 3 elected representatives from among its members to the
> Names Council of the DNSO.
>
> 3. They also request the ICANN Board, to specifically assign to the NC task
> force for the IDNH topic that the following principles be enshrined in the
> Individuals' Constituency as a means of maintaining legitimacy in
> representation: transparency and accountability in all the Constituency's
> activities and representations.
>
> Sign up in support of this document on the website at www.individual-domain.org
>
> --Joop
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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