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[registrars] By-Law Update


Attached is a revised copy of the proposed by-law amendments. Please review.
Because of the numerous mark-ups it is rather difficult to read that is why
I have reproduced the text as part of the ballot.

Included below is a draft ballot that will be circulated if approved.

If there are no substantive issues with this marked-up by-laws per our last
teleconference and there are no problems with the ballot, I would like
voting to begin tomorrow and end by next Sunday. If all goes according to
plan, we will open up nominations for the new elected positions next week.

Best regards,

Mike



In revising these by-laws in accordance with last week's teleconference, I
have added a new definition for defining a "registrar". In Berlin there was
much debate as to how to define a registrar. ICANN accredited seemed like
the most logical choice but NSI, which at that time refused to recognize
ICANN's authority at that time protested. The reason I propose amending this
to be ICANN accredited registrars is based on several reasons. First,
several of the registry applicants last fall proposed models that excluded
ICANN accredited registrars from interfacing with the registry. Therefore
those parties that the registry authorized to write to the master registry
would be eligible for inclusion into the constituency with the power to vote
on substantive issues that impact us directly. For example, in .COOP's
application (one of the conditionally approved TLDs), they do not propose
using ICANN accredited registrars in the beginning phases of their roll-out.
Second, in light of the reassignment of .EDU to EDUCAUSE, any parties that
EDUCAUSE potential authorize to make entries into the .EDU database would
again be eligible for inclusion into the constituency.



ISSUE #1:

Should the by-laws Membership Section be amended as proposed below to
include a revised more succinct eligibility requirement as listed below.
This replaces the more complex language when the constituency was initially
formed and NSI was not part of the ICANN family.

1. Eligibility
Only ICANN accredited registrars are eligible for membership in the
Registrar Constituency.

[ ] Yes
[ ] No



ISSUE #2:

Should the by-laws Membership Section be amended as proposed below to more
clearly define the role of Observers in the constituency.

2. Observers
The Registrar Constituency encourages and welcomes the participation of
registry and registrar resellers, agents and other entities providing
domain-name registration services as well as the views of domain name
registrants. The Registrar Constituency endeavors to make its activities
open to the public review where feasible and mot inconsistent with the
Constituency's best interest.


ISSUE #3:

Should the by-laws Organization and Structure Section be amended to provide
for the followed elected position "Chair" with the following duties:

a.	Chair
I.	Provide Constituency leadership and acting as spokesperson for the
Constituency.
II.	Chair meetings and teleconferences
III.	Facilitate concensusconsensus on policy issues, as appropriate
IV.	Represent Constituency on Constituency policies and other items that
have received Constituency consensus.

[ ] Yes
[ ] No


ISSUE #4:

Should the by-laws Organization and Structure Section be amended to provide
for the amended duties for the "Secretariat":

b.	Secretariat
I.	Take and maintain minutes of meetings
II.	Outreach to new registrars about joining Constituency
III.	Monitor, report and make recommendations regarding legislation and
regulations affecting the registrar community
IV.	Manage regular newsletter to registrar Constituency and the registrar
Constituency web site.
V.	Facilitate communications of the registrar Constituency.

[ ] Yes
[ ] No


ISSUE #5:

Should the by-laws Organization and Structure Section be amended to provide
for the followed elected position "Treasure" with the following duties:

c.	Treasurer
I.	Manage Constituency bookkeeping and accounting.
II.	Prepare annual Constituency budget.
III.	Act as liaison with ICANN and Names Council budget staff and budget
committee.
IV.	Assess and collect membership fees.
V.	Make recommendations for Constituency budget.

[ ] Yes
[ ] No


ISSUE #6:

Should the by-laws Organization and Structure Section be amended to provide
for the followed elected position "Technology Officer" with the following
duties:

d.	Technology
I.	Monitor and report to the Constituency on technical issues relating to
domain name system, including registries’ compliance with Registry Service
Level Agreements (SLAs), developments within IETF, and other technical
developments (e.g., multilingual testbed).
II.	Facilitate Constituency consensus on technology issues.
III.	Monitor and make recommendations regarding SLAs.

[ ] Yes
[ ] No


ISSUE #7:

Should the by-laws Organization and Structure Section be amended to delete
old references to "interne" Names Counsel election provisions (no longer
applicable) and substitute the following provision with new additional
requirement for proxy mandate:

3.  The Registrar Names Council Members
a.	The three Names Council representatives will act as Registrar
Constituency representatives and not as those of their respective entities
or organizations. As far as it is practical, Names Council representatives
shall consult all relevant matters and decisions with the Registrar
Constituency.
b.	Names Council representatives shall be required to provide a proxy before
each Names Council to the Names Counsel Secretariat with a copy forwarded to
the Secretariat of the Registrar Constituency. The Registrar Constituency
Secretariat shall ensure that he/she has a verification of all proxies
twenty-four (24) hours prior to the Names Counsel teleconference.


[ ] Yes
[ ] No




ISSUE #8:

Should the by-laws Organization and Structure Section be amended to delete
old references to eligibility & terms and substitute the following
consolidated provision for all elected offices:


4. Eligibility & Length of Term
a.	Only representatives from a Registrars Constituency member in good
standing can stand for election.
b.	The length of all elected terms are for two-years.
c.	An elected representative can only serve two consecutive two-year terms
for the same position.

[ ] Yes
[ ] No

NOTE: The by-laws shall remain silent on the staggering of elections and
what happens if someone cannot complete an entire term. I propose
incorporating this provision in a latter by-law revision since these current
ballot is already rather extensive.



ISSUE #9:

Should the by-laws Organization and Structure Section be amended to
recognize Constituency Task Forces:


6. Constituency Task Forces
From time to time a Task Force may be commissioned by the Constituency to
conduct research on a specific topic of interest to the Constituency.  Such
Task Forces will better enable the Constituency to stay abreast of the
developments within the DNSO and ICANN.


[ ] Yes
[ ] No



ISSUE #10:

Should the by-laws Voting Section be amended to provide for a standard
voting window where reasonable?


4. The Constituency will endeavor to provide a standard seven (7) day voting
on all substantive issues.


[ ] Yes
[ ] No



ISSUE #11:

Should the by-laws Voting Section be amended to provide for suspension of a
member's voting rights for excessive late payment (60 days after billing):

5. Non-payment by any Constituency member of required Constituency fees for
a period of sixty (60) days or more after the due date of such fees will
result in the suspension of that member’s voting privileges.



[ ] Yes
[ ] No



ISSUE #12:

Should the by-laws Voting Section be amended to provide for all voting to be
public where reasonable?


6.	The Constituency will endeavor to make all voting public.

[ ] Yes
[ ] No




Registrar Bylaws Revised-markup.doc



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