|NB: This is a DRAFT; it is intended to be a framework for
discussion as proposed in the announcement of the DNSO process. Note
that the terminology and Section references refer to the amended ICANN
APPLICATION TO BECOME THE DOMAIN NAME SUPPORT ORGANIZATION, (pursuant
to Art. VI, Section 3 (b) of the Bylaws of Internet Corporation for
Assigned Names and Numbers (the "Corporation")
This application is made by the undersigned to become the Domain Name
Support Organization ("DNSO"), pursuant to Article VI, Section 3 (b) of
the Bylaws of the Corporation. The undersigned hereby commit to fulfill
the undertakings and policies set forth in this application. This application
is organized under the headings set forth in Article
VI, Section 3 (b) as follows:
I. Membership criteria for the DNSO, and for the Names Council
to be created pursuant to Article VI, Section 3 (a) (ii) of the Bylaws
of the Corporation.
II. Methods for developing substantive Internet policies and selecting
III. Open and transparent non-discriminatory processes
IV. Policies to ensure international and diverse participation
V. Policies for disclosure to the Corporation by members of or
participants in the DNSO of conflicts of interest or other financial interests
in matters within the scope of the DNSO
VI. Methods for funding the DNSO and providing funding for the
I. MEMBERSHIP CRITERIA
A. MEMBERSHIP IN THE DNSO:
The qualifications for membership in the DNSO are set forth in Appendix
A to this application, entitled "QUALIFICATIONS FOR MEMBERSHIP IN THE DOMAIN
NAME SUPPORTING ORGANIZATION".
B. MEMBERSHIP IN THE CONSTITUENCIES:
Each member of the DNSO shall be either a member of the At Large constituency
or a member of one or more of the constituencies described below.
Qualifications for membership in each of the constituencies are set forth
in Appendix B to this application
entitled "QUALIFICATIONS FOR MEMBERSHIP IN THE CONSTITUENCIES".
DNSO members who are not members of one of the constituencies 1-5 below
are automatically members of the At Large constituency.
The constituencies described herein are an initial set of constituencies.
The DNSO and the Names Council will develop fair procedures for the creation,
deletion, and merger of constituencies; and adjustment of the representation
of constituencies on the Names Council.
The constituencies are:
3. Infrastructure and connectivity providers
4. Businesses and other organizations
5. Organizations primarily concerned with the interests of trademark
6. At Large
A member of the DNSO may be a member in more than one constituency if
it meets the qualifications for each constituency for which it applies
and pays the membership fees for each such constituency. No member
of any of the constituencies 1-5 may be a member of the At Large constituency.
C. THE NAMES COUNCIL
There shall be a Names Council consisting of 21 members, elected from
time to time by the members of the DNSO, following the procedures set forth
below. The constituencies shall each have the right to be represented
by the following numbers of members of the Names Council:
1. Registries - 6
2. Registrars - 3
3. Infrastructure and connectivity providers - 3
4. Business and other organizations -3
5. Organizations primarily concerned with the interests of trademark
owners - 3
6. At Large - 3
In order to assure geographical diversity among members of the Names
Council, the members of the Names Council representing each constituency
must each be from different geographical regions, unless there are more
such representatives than there are regions. In this latter case
no region shall have more than one more representative
than any other region. The geographical regions shall be those
set forth in Article V, Section 6 of the Corporation's bylaws. In
particular, because the Registry constituency is represented by 6 members
of the Names Council, and there are only 5 regions, not more
than 2 representatives of the Registry constituency may be from the
same geographical region.
D. APPLICATIONS FOR MEMBERSHIP IN CONSTITUENCIES 1-5
After formation of the Names Council, applications for membership in
the constituencies 1-5 shall be submitted to the Names Council. The
Names Council shall have the right to approve or disapprove each application.
If an application is not approved, the applicant shall have the right to
appeal to the Fair Hearing Panel (described below).
E. ELECTION OF THE NAMES COUNCIL
Within four weeks of acceptance by ICANN of this application the undersigned
will self-select into constituencies, and elect members of the Names Council.
Members of each constituency shall nominate individuals to represent
that constituency. Nominations within each constituency may be made
by any member of the constituency, provided, however, that each member
of a constituency may make no more than one nomination for a Names Council
member representing that constituency. An entity that
is a member of more than one constituency may make one nomination for
each constituency of which it is a member. Every nominee shall be
identified as representing a particular geographical region.
Elections for Names Council members shall be held once each year for
vacant seats. The term of office for each member of the Names Council
is three years, staggered so that each year one third of the Names Council
members shall be elected.
Each member of the DNSO may cast one vote for one nominee for membership
in the Names Council from each of the constituencies.
The winning nominees from within each constituency shall be determined
Within the group of nominees for each constituency, the nominees shall
be grouped according to their geographical identification, and shall be
ranked according to the votes received. Winners will be selected
by the following criteria: Nominees identified with regions with the least
number of current representatives for the constituency will be considered
as a group. Within this group, the nominee with the most votes is
selected, and is then considered a member of the group of current representatives.
This procedure is repeated until there are no vacancies. Any ties
shall be broken by random processes.
[There are two choices on how to proceed if there is insufficient geographical
representation: leave seats empty if the geographical distribution requirements
are not met; or fill remaining empty seats with candidates with the most
votes, even though the geographical requirements are not met.]
[The following two paragraphs are an earlier description of a procedure.]
Within each group of nominees for each constituency, nominees from the
same geographical region as any incumbent member of the Names Council with
an uncompleted term of membership representing the same constituency shall
not be selected.
All remaining nominees shall be grouped according to geographical region
and, from each region, the eligible nominee (or, with respect to the Registries'
constituency, the two eligible nominees for not more than one geographical
region) with the most votes shall be elected to fill the available vacant
seats on the Names Council.
The term of office for members of the Names Council shall be three years.
However, for the first election the first third of the nominees selected
through the above process shall receive a three year term, the second third
shall receive a two year term, and the remainder shall receive a one year
term. In the event of a resignation or other event that disturbs
the even distribution of terms a similar fair process of adjusting the
terms of newly elected members shall be used to regain an even distribution.
If for any reason fewer than the seats allocated to a constituency are
filled, the seats remain unfilled until the next election.
II. METHODS FOR DEVELOPING SUBSTANTIVE INTERNET POLICIES AND SELECTING
The Names Council is delegated the task of determining policies regarding
TLDs, including operation, assignment and management of the domain name
system and other related subjects, and, in accordance with Article VI,
Section 3(a)(ii) of the Corporation's Bylaws, the Names Council shall make
recommendations on such subjects to the
Corporation's Board. The Names Council shall also have the power
to select the nominees of the DNSO to the Corporation's Board.
The Names Council shall seek input and review of its recommendations
and Board nominations from each of the constituencies. It is the
intent of the DNSO that, initially, there will be significant review by
the constituencies; over time, the constituencies may agree to reduce the
extent of review.
Decisions by the Names Council on recommendations and selection of Board
nominees shall be made by [majority] [two- thirds] vote.
The DNSO, the Names Council and each of the constituencies will establish
on-line methods of meeting and conducting ballots.
The DNSO will develop procedures for its deliberations. Applicable
IETF procedures will be examined as a possible model.
III. OPEN AND TRANSPARENT NON-DISCRIMINATORY PROCESSES
The processes of the Names Council (and the processes of each constituency)
shall be governed by the same provisions for open and transparent non-discriminatory
processes as those of the Board of the Corporation. A general mechanism
for review of conflicts and grievances will be developed, and the Names
Council shall appoint a Fair Hearing Panel which will, among other responsibilities
delegated to it by the Names Council, hear appeals pursuant to Section
I.D. of this application.
Other such conflicts and grievances heard by this Fair Hearing Panel
might include those regarding dominance or control of any single issue
by means of membership in more than one constituency, other methods of
unfair domination by special interests, matters concerning disputed membership
in a constituency or the DNSO, disputes concerning membership dues, either
in the DNSO or in a constituency, and so on.
IV. POLICIES TO ENSURE INTERNATIONAL AND DIVERSE PARTICIPATION
Because of the composition of the Names Council, there will automatically
be international and diverse participation.
V. POLICIES FOR DISCLOSURE TO THE CORPORATION BY MEMBERS OF OR
PARTICIPANTS IN THE DNSO OF CONFLICTS OF INTEREST OR OTHER FINANCIAL INTERESTS
IN MATTERS WITHIN THE SCOPE OF THE DNSO.
These policies shall be the same as those for the Board of the Corporation.
VI. METHODS FOR FUNDING THE DNSO AND PROVIDING FUNDING FOR THE
The DNSO shall fund all costs of DNSO and Names Council membership and
other meetings and communications, and all administrative and other costs
associated with membership, from membership fees as established from time
to time. Membership fees shall be set at a level sufficient to cover
administrative and other costs associated
with membership, including the cost of verification of identity.
The constituencies 1-5 shall fund all other expenditures and contributions
The Names Council shall draw up a budget for each calendar year which
shall include receipts and all expenditures for which the DNSO is responsible.
These include the contributions payable to ICANN, the administrative costs
for DNSO and other expenditures for membership meetings, conferences and
hearings. The budget shall include a provision for reasonable reserves,
not to exceed [xx]% of the previous year's budget.
Members of the Names Council shall serve without compensation, provided,
however, that members of the Names Council may be reimbursed by the DNSO
for out of pocket expenses incurred in connection with their function if
the expense is objectively necessary, and if the member seeking reimbursement
can document the expense and show plausibly that the member could not perform
the member's duties as a member of the Names Council without such reimbursement.
Members of the DNSO shall provide funding as follows:
A. Each member must pay annual dues in an amount equivalent to
Membership fees can only be changed by resolution of the entire membership
by affirmative vote of at least 80% of the membership [eligible to vote]
[voting on the resolution]. The membership may not vote to reduce
membership fees without a substantiated showing that expenses of the DNSO
can be met by the reduced fees.
B. Pursuant to the Corporation's Bylaws Art. VI, Sec.3(b)(vi)
and Art XI, Sec.4(b), fees and charges imposed by the Corporation shall
be passed along by the DNSO to the parties receiving the services or benefits
provided by the Corporation. Any other amounts in the DNSO budget
that are not covered by the membership fees referred to in A. above shall
be paid by each constituency in an amount proportional to its number of
representative members on the Names Council.
C. Payments required to be made can only be changed by an affirmative
vote of at least 80% of the Names Council, and only after the Names Council
has consulted with all the constituences regarding the change. [The
change must be approved by the ICANN Board.]
D. Each year's budget must be submitted by the Names Council to
each of the constituencies for approval. If the constituencies do
not unanimously approve the budget, it shall be submitted to the entire
DNSO membership for approval. Approval by the DNSO membership shall
be decided by a simple majority vote of [the members voting] [all eligible
voters]. If the membership does not approve the budget, the budget
shall be submitted to the Board of the Corporation which shall have the
power to determine the budget.
E. Any surplus from membership fees in a fiscal year shall be
carried forward to the next year's budget.
F. The Names Council shall appoint, by vote of at least 50% of
the Council, one of its members to be the Treasurer of the DNSO, who shall
have administrative control over receipts and expenditures. If the
Treasurer finds that receipts or expenditures are significantly different
from the budgeted amounts, the Treasurer shall propose an amended budget,
which shall be subject to adoption and approval in the same manner as the
QUALIFICATIONS FOR MEMBERSHIP IN THE DOMAIN NAME SUPPORTING ORGANIZATION
(pursuant to Art. VI, Section 2 of the Bylaws of
Internet Corporation for Assigned Names and Numbers (the "Corporation"))
The following are the qualifications for participation by any entity
or organization for membership in the Domain Name Supporting Organization
("DNSO"), as described in Article VI, Section 2 of the Bylaws of Internet
Corporation for Assigned Names and Numbers (the "Corporation"):
Any entity or individual person with a legitimate interest in the Internet
is eligible to be a member of the DNSO.
QUALIFICATIONS FOR MEMBERSHIP IN THE CONSTITUENCIES
The following are the qualifications for participation by any entity
or organization for membership in the constituencies, as described in Article
I of this application:
1) Any entity or organization that is either
a) A name registry (defined as an entity with write authority to a zone
referenced by a TLD),
b) Or a registrar of generic/global or country-code top- level domains
("TLDs") (defined as an entity with a direct contractual relationship with
a registry to register names within a TLD zone),
c) Or a network operator or service provider (defined as a legal person
operating a name server for clients and offering Internet connectivity
to third parties),
d) Or other business or organizations (defined as any legally constituted
organization with a legitimate interest in Domain Name issues),
e) Or an organization representing trademark interests, defined as entities
primarily concerned with trademarks or defending business against counterfeiting.
2) Associations of organizations qualified to participate in the constituencies
may also become members, as may associations of associations (umbrella
associations) whose members meet the conditions for participation in the
constituencies. Associations and
umbrella associations must, however, be legally recognized entities
with substantial numbers of members. The Names Council will decide
any questionable cases.