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[council] NC conclusions on structure - draft version 5

Further to the second NC call and e-mail correspondence please find the latest version of our draft conclusions in progress. I have added in proposed the J Scott/Cary wording on mission as a new recommendation - as it is a change from the re-statement of the ICANN staff wording in previous versions. Note also the preamble and wording of recommendation 3 has changed. I have intentionally kept the note short and just tried to capture the recommendations. Constituency papers and the minutes will be adequate to capture the reasoning behind these recommendations. Philip
DRAFT version 5
Scope and mission of ICANN
In broad terms the Names Council (NC) agreed with the factual description of ICANN's functions listed in "What ICANN Does" at: http://www.icann.org/general/toward-mission-statement-07mar02.htm which (in summary) cover:
1. General operational functions (such as IP address allocation, maintaining the DNS root zone file).
2. gTLD administrative functions (such as registrar accreditation, supervising the Uniform Dispute Resolution Policy).
3. ccTLD administrative functions (such as updating the IANA database entries concerning ccTLD Managers,
      or requests for delegation and redelegation).
4. Policy coordination for infrastructure security.
5. Policy-related functions including:
  5.1. IP address and AS number allocation,
  5.2  ccTLD global policy coordination,
  5.3. Protocol numbering via the IANA registries,
  5.4 gTLD registry-level policies.

Recommendation 1 - mission. The Names Council proposes the following re-statement of ICANN's mission:
"ICANN's mission is to coordinate technical and policy functions of the domain name system in order to promote a safe, stable and commercially viable domain name system, promote competition, and achieve broad representation of global Internet communities, all for the benefit of the public."
The Names Council specified the following existing functions of ICANN where the NC would like ICANN to do better in carrying them out:
- ccTLD administrative functions
- root server administration
- Registry and Registrar contract enforcement with respect to intellectual property and other existing conditions.
Recommendation 2 - structure. Create clearly delineated divisions within ICANN responsible for the administration of its operational and policy functions. This would establish separate staff functions for policy and  operational functions.
The Names Council felt that the greatest potential for mission creep lay in the areas of additional security and additional consumer protection. The creation of infrastructure for at-large membership was also mentioned; however, it was also argued that this topic should not be discussed alongside ICANN's functions.
The Names Council recognised that the functions expected of ICANN as viewed today may, be different in a changed world of tomorrow. That future world may dictate that ICANN's functions are more, or are fewer, than those today. Focus of the core functions of the moment will be a key to success.

Recommendation 3 - functions.  ICANN's functions should not be extended at this time beyond what is outlined in the note "What ICANN Does" .
Funding ICANN
The NC believes that the debate over the longer term funding of ICANN should not be distracted by any short term funding problem.
Recommendation 4 - short-term funding.  The NC urges the existing funders to reach agreement quickly to avoid any short fall in ICANN's existing budget.
Longer term
Recommendation 5 - core funding. Funding could potentially come from more than one source but the bulk of funds should ultimately derive from the revenues of gTLD Registrants' fees and be administered via Registrars and/or Registries.
Recommendation 6 - secondary sources.  Secondary sources should include the ccTLDs but should not include governments. 
(Consideration should be given to the relevance of ccTLDs which are marketed in non-geographic ways to recommendations 5 and 6).
Recommendation 7 - supplementary sources. Supplementary sources could be found from sources such as charitable donations, conference fees, and secretariat service fees to the GAC. 
Recommendation 8 - budgeting. Further to recommendation 2, ICANN budgeting should reflect a delineated structure and be based on certainty. As much as possible ICANN should identify services that it can charge for, leaving funds from contractual agreements to cover everything else.
Advisory Bodies
Recommendation 9 - policy making. ICANN policy advisory bodies should formulate policy recommendations based on a bottom-up, consensus process of the affected stakeholders.
Recommendation 10 - impact. The policy recommendations from such policy advisory bodies should be ordinarily binding on the ICANN Board but with rejection possible subject to a 2/3 Board majority.
Recommendation 11 - staff support.  The DNSO and the other policy advisory bodies should remain essentially intact and their effectiveness improved by the provision of full-time staff to support all aspects of policy making including a co-ordinating secretariat and staff support to policy-making task forces and similar groups.
Recommendation 12 - ccTLDs. Create a new supporting organisation for the ccTLDs.

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