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 17th
September draft of the proposed reconstituted IANA bylaws.
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")
Introduction
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 Board nominees
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 Corporation.
Discussion
I. Membership criteria
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". The qualifications for membership in the
Names Council are set forth in Appendix B entitled
"QUALIFICATIONS FOR MEMBERSHIP IN THE NAMES COUNCIL".
Because
there is no limit on the number of members in the DNSO, it is entirely
possible that the number of members will be so large that it cannot function
as a consultative body. If the number of members does not exceed [twenty],
the DNSO can be governed by a committee consisting of one representative
of each member. If, however, the number of DNSO members exceeds [twenty],
it will be necessary that the DNSO operate through an elected committee
(e.g., an Executive or Governing Committee or such other name as the DNSO
may choose). For convenience in this application, the committee is referred
to as the "Governing Committee". The Governing Committee will have a total
of 18 individual members, of whom 15 will be elected by the DNSO and 3
by the Names Council. The members elected by the Governing Committee are
classified in the categories set forth below; each category shall be represented
by the number of members indicated.
Nominations
for members of the Governing Committee to be elected by the DNSO may be
made by any member of DNSO; each DNSO member may nominate not more than
one nominee; nominees need not necessarily be connected or affiliated with
the nominating organization. Each nomination shall include a designation
of the nominee as falling within one of the following classifications:
A. Registries in gTLDs [xx]
members
B. Registries in ccTLDs [xx
members]
C. Registrars [xx members]
D. Operators and service
providers [xx members]
E. Business organizations
other than operators and service providers [xx
members]
F. Organizations primarily
concerned with the interests of trademark owners [xx members]
G. Consumers [xx members]
H. At large members distributed
geographically:
1. Americas [xx
members]
2. Europe, Africa and the
Middle East [xx members]
3. Asia-Pacific [xx members]
Each DNSO
member may cast one vote in each of the non-geographic categories, and
one vote in [each of the] [a single one of the] three geographic areas.
The nominees receiving the highest number of votes in each category will
be elected.
Nominations
for members of the Governing Committee to be elected by the Names Council
may be made by any member of the Names Council. Each Names Council member
may nominate not more than one nominee; nominees need not necessarily be
connected or affiliated with any organization. Each member of the Names
Council may cast a single vote for the member position or positions currently
open, and the nominee or nominees with the most votes will be elected.
The term
of membership in the Governing Committee, for members elected by the DNSO,
shall be three years, and one third of the members will be elected each
year, so that the three year terms will be staggered. The term of membership
in
the Governing Committee, for members elected by the Names Council, shall
be three years, and one member will be elected each year, so that the three
year terms will be staggered. In the first two years, a random drawing
shall determine which categories initially have members serving two or
one year terms.
II. Methods for developing
substantive Internet policies and selecting Board nominees
The Governing
Committee (or representatives of members, if there are twenty or less members
of the DNSO) shall consult with members of the DNSO and with members of
the Names Council and shall meet from time to time.
Decisions
on policies and selection of Board nominees shall be made by [majority]
[two-thirds] vote. The DNSO, the Governing Committee and the Names Council
may establish on-line methods of meeting and conducting ballots.
III. Open and transparent
non-discriminatory processes
The processes
of the Governing Committee (or representatives of DNSO members) shall be
governed by the same provisions for open and transparent non-discriminatory
processes as those of the Board of the Corporation.
IV. Policies to ensure international
and diverse participation
Because
of the composition of the Governing Committee, there will automatically
be international and diverse participation. If the DNSO has less than twenty
members, it shall develop a procedure for ensuring international and diverse
participation that meets any applicable requirements of the Corporation.
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 Corporation
The DNSO
shall obtain funding from membership dues and from fees paid by the gTLD
registries for each second level domain registration.
APPENDIX
A
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"):
1) Any entity or organization
that is either:
a) A name registry,
b) Or a registrar of generic/global
and country-code top-level domains ("TLDs"),
c) Or a business or other
entity that is a user of the Internet,
d) Or an entity with a legitimate
interest in TLDs, and that meets the further qualifications set forth in
this statement is eligible to be a member of the DNSO.
2) Entities or organizations
must meet the following minimum standards:
a) A business entity or organization
must have had at least the equivalent of US$xxxxxx in gross annual revenues
for at least the past xxx years;
b) A not-for-profit entity
must have at least xxxx individual members or business entity members whose
total gross revenues meet the standard in subparagraph (a).
3) Pending further amendments
to the Bylaws of the Corporation, individuals are not qualified to be members
of the DNSO. Governments, governmental entities and multinational entities
are not qualified to be members of the DNSO.
4) Each qualifying entity
or organization must pay annual dues to the Corporation in the following
amounts:
a) A business entity or organization
must pay an amount in US$ equal to xx percent of its average annual gross
revenues for the past five years (or such lesser period as it may have
been in existence), but not less than US$ xxxx per year.
b) A not-for-profit entity
must pay an amount in US$ equal to xx percent of its average annual dues
income for the past five years (or such lesser period as it may have been
in existence), but not less than US$xxxx per year.
5) Each qualifying entity
or organization must agree to adhere to the following policies or principles:
a) the data in each registry
shall be freely available to the public, subject only to restrictions relating
to privacy;
b) gTLD registries shall
operate in the public interest on a cost recovery basis and not for profit;
c) gTLD registries shall
pay a fee to the Corporation for each second level domain name registered;
d) Access for registration
of second level domains in all gTLD registries shall be equally available
to all qualified registrars on a non-discriminatory basis; and
e) Registration services
for second level domain names in the gTLDs shall be globally distributed,
and, except in exceptional circumstances, should be shared among all registrars
that meet appropriate technical qualifications.
APPENDIX
B
QUALIFICATIONS FOR MEMBERSHIP
IN THE NAMES COUNCIL (pursuant to Art. VI, Sections 3 (a)(ii) of the Bylaws
of Internet Corporation for Assigned Names and Numbers (the "Corporation"))
The following
are the qualifications for participation by any entity or organization
for membership in the Names Council, as described in Article VI, Section
3 (a)(ii) of the Bylaws of Internet Corporation for Assigned Names and
Numbers (the "Corporation"):
1. Any entity or individual
person with a legitimate interest in the Internet is eligible to be a member
of the Names Council.
2. Each member must pay annual
dues to the Corporation in an amount equivalent to US$xx [$50-$100] to
cover administrative and other costs associated with membership, including
the cost of verification of identity.
3. Each member must be willing
to support the following principles for the operation of registries and
registrars in the domain name system:
a) the data in each registry
shall be freely available to the public, subject only to restrictions relating
to privacy;
b) gTLD registries shall
operate in the public interest on a cost recovery basis and not for profit;
c) gTLD registries shall
pay a fee to the Corporation for each second level domain name registered;
d) Access for registration
of second level domains in all gTLD registries shall be equally available
to all qualified registrars on a non-discriminatory basis; and
e) Registration services
for second level domain names in the gTLDs shall be globally distributed,
and, except in exceptional circumstances, should be shared among all registrars
that meet appropriate technical qualifications. |
