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".
As soon as the DNSO has at least 20 members, "constituencies" are formed
from the group of members. Each member of the DNSO falling in one of the
categories described below and meeting the additional requirements listed
in Appendix B can also apply for membership of the
corresponding constituency. These are:
A.
Registries
B.
Registrars
C.
Network operators and service providers
D.
Business organizations other than operators and service providers
E.
Organizations primarily concerned with the interests of trademark owners
Any member of the DNSO can apply for membership in more than one constituency
if they commit to cumulative payment of the membership fees for each constituency.
The Names Council shall be required to approve applications for membership
of a constituency.
As long as the number of members of the DNSO does not exceed 19, each member
shall appoint one representative to the Names Council ("initial Names Council").
The term of office on the initial Names Council shall not be offset against
terms of office on the permanent Names Council.
At the latest within four weeks of adoption of the 20th member the permanent
Names Council will be newly formed. This shall have a total of 19 individual
members, of whom 16 will be elected by the constituencies and 3 by the
membership.
The constituencies shall appoint representatives on the Names Council as
follows:
A.
Registries [xx] members
B.
Registrars [xx] members
C.
Network operators and service providers [xx] members
D.
Business organizations other than operators and service providers [xx]
members
E.
Organizations primarily concerned with the interests of trademark owners
[xx] members
Nominations for election by each constituency may be made by any member
of the respective category. Each member of any category may nominate not
more than one nominee in such category; however an organisation which is
a member of more than one category may nominate one nominee in each category.
Each member may cast one vote in each of the constituency categories. The
nominees receiving the highest number of votes in each category will be
elected.
The membership meeting appoints three members to the Names Council, geographically
distributed as described in the ICANN Bylaws.
Nominations for members of the Names Council to be elected by the membership
("At-Large members of the Names Council") may be made by any member of
the DNSO. Each member of the DNSO may nominate not more than one nominee.
Each member of the DNSO 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.
Nominees need not necessarily be connected or affiliated with the nominating
organization or member. Further, they need not themselves be members of
the DNSO.
The term of membership in the Names Council 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 period of office of the initial members of
the Names Council is determined as follows:
The seats on the Names Council shall be filled from the list of elected
candidates from the constituencies and the group of At-large members individually
and in order. The order of the groups shall be determined by drawing lots.
As soon as each group has filled one seat, the process shall be repeated
from the start of the sequence; groups whose quota of elected nominees
is exhausted shall not participate further in the allocation of seats.
The nominee receiving most votes in a group will be appointed for a three-year
term of office until the total of seven is reached. Subsequently, the same
method will be applied to appoint six more members for a two-year period
of office, starting with the group after the one which supplied the seventh
three-year member of the Names Council. The remaining elected nominees
serve for a one-year term.
II. Methods for developing
substantive Internet policies and selecting Council
nominees
The Names
Council (or representatives of members, if there are twenty or less
members of the DNSO) shall consult with members of
the DNSO 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 Names Council and
the constituencies may establish on-line methods of meeting and
conducting ballots.
III. Open and transparent
non-discriminatory processes
The processes
of the Names Council (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 Names Council, 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 Names Council shall draw up a budget for each calendar year containing
all expenditures for which the DNSO is responsible. These include specifically
the contributions payable to ICANN, the administrative costs for DNSO and
other expenditure for membership meetings, conferences and hearings. The
DNSO shall form reserves, not to exceed [xx]% of the previous year's budget.
Membership on the Names Council shall be honorary. Costs incurred by the
members of the Names Council in connection with their function are only
eligible for reimbursement if they are objectively necessary and members
can show plausibly that they could not perform their function without reimbursement
of costs.
Expenditure
shall be divided as follows between the members:
1.
The costs of the membership meeting as well administrative and other costs
associated with membership shall be met from membership fees. The membership
fees are shown in appendix A. They can be changed by membership resolution
with a majority of at least 80% of the membership. A reduction in membership
fees is only possible if it is certain that the expenditure to be met by
the members will be covered.
2.
Any surplus from membership fees in a calendar year shall be carried forward
to the next year's budget.
3.
All other expenditure and contributions to ICANN shall be borne by the
constituencies in accordance with the table in appendix B. The table may
be changed by a majority of 80% of the Names Council after consultation
with all constituences. The change must be approved by the ICANN Board.
Any budget must be approved by all constituencies. Absent such approval
the budget shall be decided by the membership by simple majority of votes
cast. If the membership refuses its approval, the budget shall be decided
by the ICANN Board.
The budget shall be administered by a member of the Names Council (Treasurer)
elected by a simple majority of the Council members. The Treasurer shall
check regularly that expenditures are appropriate and the budget is not
being significantly exceeded. If it is not possible to stay within the
budget, a supplementary budget must be drawn up without delay.
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 individual person with a legitimate interest in the Internet
is eligible to be a member of the DNSO.
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.
APPENDIX
B
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 draft:
1)
Any entity or organization that is either
a)
A name registry,
b)
Or a registrar of generic/global or country-code top-level domains ("TLDs"),
c)
Or a network operator or service provider,
d)
Or a business other than operators and service providers,
e)
Or an organization primarily concerned with the interests of trademark
owners.
2)
Associations of organisations 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, also
meet the following additional conditions:
[to be determined]
3)
Each member must pay annual dues to the Corporation in accordance with
the following table.
Two-thirds (66%) of the Contributions to the ICANN shall be borne by the
TLDs [this corresponds with the proposal by the representatives of the
ccTLDs in Barcelona]. The remainder shall be divided as follows:
Registrars,
[xx]%,
Network
operators and service providers [xx]%,
Business
organizations other than operators and service providers [xx]%,
Organizations
primarily concerned with the interests of trademark owners [xx]%.
Other costs shall be divided between the constituencies in accordance with
the number of members they have on the Names Council. |
