Commercial And Business Entities
Draft (May 5th, 1999)
This document is intended to set out a framework
for the structure and procedural rules of Commercial and Business Entities
Constituency (Business Constituency) of the Domain Name Supporting Organization
and is proposed to serve as the foundation for discussion among interested
Business stakeholders. The drafters of this document include members of
the major international Business organizations which collectively comprise
tens of thousands of business entities with an interest in domain name
issues and their representative bodies around the world, and who recognize
the need to reach out to other such entities and persons who share these
interests to participate in the further refinement of this document.
This document is being made publicly available for
comments by business stakeholders.
Comments on this draft should be sent to:
Javier Sola, President, European Internet Business
Christiaan van der Valk, International Chamber of
Commerce (ICC): email@example.com
It is our intention:
1) to reach out to any other interested
Business groups, Business organizations and individuals Businesses interests
around the world and encourage them to participate in the process of Business
Constituency formation (please see form if you wish
to join), and
2) to initiate the consultative process itself for
the inclusive, international discussion required to formulate the Business
Constituency proposal to be submitted to the ICANN Board for approval at
its next meeting in Berlin on May 27, 1999.
The time schedule to be followed for
the formation of the business constituency is:
I. Mission Statement and Purpose
22 April: release of draft for general comment
by April 30 through all possible channels, including posting on ICANN and
5 May: release of the Charter for final approval
by 7 May with (1) sign-up form for founding members, (2) volunteer possibility
for interim secretariat and (3) opportunity for nomination of interim council
members, to be completed by 13 May.
14 May: founding member list available, to be circulated
together with a reply form listing organizations that have indicated they
are willing to serve as interim secretariat. Each founding member can express
one choice for the interim secretariat by 17 May.
18 May: interim secretariat named and (1) opens election
of nominated candidate interim names council members, to be closed 20 May;
(2) calls for nominations by 7 June for permanent secretariat among founding
21 May: publication of names for interim names council
25 May: Berlin business constituency meeting.
27 May: Accreditation of Business Constituency .
II. Organizational Structure and Elections
1. The Business Constituency
will form an integral part of the Domain Name Supporting Organization (DNSO)
according to Article VI-b, Section 3 of the ICANN Bylaws.
2. The purpose of the Business Constituency
is to represent the views and interests of those stakeholders who use the
Internet to conduct their business or part of it. This representation is
limited to those entities that use the Network to develop their business,
this business not being the main business of stakeholders for whom other
DNSO constituencies have been created (such as business entities that primarily
serve as registries, ISPs or registrars). Therefore, the Business Constituency
is not intended to address specific aspects that may be considered business-related
but which fall squarely within the mandate and purpose of other DNSO constituencies
(such as intellectual property), unless such aspects directly affect affect
important general business development issues. The Business Constituency
is a constituency of customers of providers of network connectivity/transport,
domain name and other services that enable the development of electronic
business. It is therefore crucial that the Business Constituency remain
independent from other constituencies whose primary role is to formulate
views from the exclusive perspective of such service providers, as well
as from other groups whose interests may not be aligned with business users.
3. The specific goal of the Business
Constituency is to ensure that DNSO decisions are at a minimum consistent
with the imperatives of the development of business through the internet.
This includes in particular business's need for continued or enhanced stability
and security of the Internet insofar as this relates to those aspects of
Internet governance that fall within ICANN's mandate.
1. The following may become members
of the Business Constituency:
2. In case of doubt about a prospective member complying with the requirements
to be a member, the application will be reviewed by a Credentials Committee
organized according to clause III of this Charter.
a. Any association representing or organization comprised
of for-profit corporations whose primary goals include representation of
the business and/or business development interests of their members, which
may be individual companies or business associations/organizations. Associations
or organizations whose specific goals are to represent of the interests
of registries, registrars or ISPs or those whose specific interests are
to defend the Intellectual Property rights of their associates cannot have
full member status but may become observers. Observers do not have voice
or voting rights and cannot serve in any representative capacity on behalf
of the Business Constituency.
b. Any legally recognized for-profit business enterprise
that has been delegated a domain, that uses the Internet to conduct for-profit
business and that has been in business for at least one year. Legally recognized
for-profit business enterprises that have been in business for less than
one year and companies whose predominant business is to be a registry,
a registrar or an ISPcannot have full membership status, but may become
3. An individual (representative of a member) may not represent more
than one member of the Business Constituency, nor represent the same company/organisation
in another constituency.
C. ELECTIONS OF NAMES COUNCIL REPRESENTATIVES
1. The Business Constituency shall have:
a. a secretariat that will be elected by and among its members
for a period of two years at a time. The secretariat will assure that all
procedures are followed, that all necessary means to conduct the business
of the constituency are available and that independent elections take place
in due time for the secretariat as well as for other officers.
Its functions will include:
(i) Reviewing applications for membership in the Business
Constituency and, where appropriate, referring these to the Credentials
b. Three Names Council representatives who will be elected for a period
of two years by the Business Constituency in accordance with sub (C) of
this article. Once elected, they will act in the Names Council solely as
representatives of the Business Constituency. They will use their best
efforts to represent the interests of the constituency, and will collaborate
with the other members of the Names Council to produce the best possible
DNSO proposals for ICANN.
(ii) Carrying out the administrative functions associated with the
operations of the Business Constituency, including the arrangement of meetings,
preparation and publication of minutes, maintenance of an appropriate mechanism
suitable for facilitating contact and dissemination of information among
all members of the Business Constituency and other secretariat functions
required for the adequate functioning of the Business Constituency.
(iii) Facilitating and, where appropriate, formulating membership
consensus on policy issues for the purpose of advising the Business Constituency
representatives on the Names Council.
(iv) Assessing and collecting membership fees (see IV).
(i) In order to assure geographical diversity, not two Names
Council representatives may belong to organizations whose major place of
business is in the same region. Organizations or associations with less
than 50% of their business in, or members from, one given region (no region
has more than 50% of its members) will not be considered as part of a given
region, but as members of a separate group also considered. In the case
of multinational companies, the corporate international headquarters will
be considered as the major place of business. Considered as regions are:
1) North America 2) Latin America, including Mexico, Central America, the
Caribbean and south America 3) Europe 4) Africa 5) Asia 6) Pacific 7) International
(ii) In order to assure sectoral balance consistent with the
Business Constituency's mission and purpose described under I, at most
one Names Concil representative may belong to or represent an identifiable
(iii) No person may serve as a Business Constituency representative
to the Names Council for more than two successive terms. A term of service
as an Interim representative of the Business Constituency to the Names
Council shall not be considered a successive term for the purposes of this
D. ELECTIONS FOR THE SECRETARIAT
1. The election process will be initiated by a nomination
period of one week. All members of the Business Constituency may nominate
one person for the Names Council. This process (including receiving nominations
and communicating the names of the nominees to all members of the constituency
at the end of the nomination period) will be initiated and managed by the
2. Immediately following the nomination period, the secretariat will
open an election period of one full week, during which it will receive
votes from members of the constituency through e-mail and acknowledge receipt.
Immediately following the election period, the secretariat will publish
a full overview of votes naming voters as well as the candidates of their
choice. No delegation of vote will be permitted in the election of either
Names Council representatives or ICANN directors.
3. Names Council representatives will be elected by the largest number
of votes processed as follows:
a. All nominees from the same region as the person with
the largest number of votes will be eliminated. From the resulting list,
all nominees from the same region as the person with the second number
of votes will be eliminated. The three people at the top of the remaining
list will be elected as representatives of the Business Constituency to
the Names Council.
b. If the list of nominees contains only members from two regions,
the two nominees with the largest number of votes will be considered. If
they are from the same region, the third person elected will be the one
with the largest number of votes from the other region present, otherwise
the third person elected will be the one with the third highest number
c. If the list of nominees contains only persons from one region,
the three nominees with the largest number of votes will be elected.
d. In case of a tie that affects the results of the election, a new
election will be held among the two nominees in the tie.
e. If, at any stage of the election process described above,
an individual working for or representing an identifiable business sector
is elected, all other representatives or individuals working for or representing
that same business sector will be eliminated from the election process.
E. ELECTION OF INTERIM NAMES
COUNCIL REPRESENTATIVES AND INTERIM SECRETARIAT
1. With the exception of the election of the first secretariat,
which will be elected by the end of June 1999, Candidates for election
as secretariat will be nominated at the same time as the candidates for
the Names Council, and also voted at the same time and according to the
same procedure where relevant. The largest number of votes will elect the
2. The secretariat will be a member of the Constituency, and not
3. Business constituency members may put themselves forward as candidates
to assume secretariat functions either as individual entities to assume
all secretariat functions as set out hereinafter, or jointly with other
members with a view to allocating such functions among them.
III. Procedure for substantive decision-making.
Subsidiary and support bodies
1. Three Interim representatives from the founding organizations
of the Business Constituency shall be elected to the Names Council and
will serve until such time as a more formal nomination and voting structure
is established by the elected Business Constituency; the Interim representatives
of the Business Constituency shall be replaced in that manner on or before
31 December 1999 at the discretion of the Business Constituency.
2. The Founding members of the Business Constituency will agree on
an interim secretariat, which may be a cooperative effort of volunteer
founding members, that will receive nominations and the votes for the interim
Names Council election. A permanent secretariat must be duly elected no
later than the end of June, 1999.
3. Each founding organization may nominate one person as an Interim
Names Council representative. Candidates must be nominated before May,
13th, 1999. The names of
the candidates will be published and the election will take place between
the 18th and the 20th
of May, 1999.
4. Each founding organization will have three votes (which must be
cast for different candidates). The same regional regulation that applies
to permanent Names Council members will be applied. Votes will have to
be received by the interim secretary before 24:00 Central European Time
May 20th. In case the secretariat
received votes from all founding members before that time, he may end the
election period and disclose the vote and the names of the elected nominees.
5. Any organization or association meeting the criteria of membership
in the Business Constituency that applies for membership in the Business
Constituency on or before May 13th,
1999, shall be considered a founding organization.
IV. Membership Fees and Funding
1. For each policy work item
arising from the need to provide support to the business constituency representatives
on the Names Council, the secretariat shall call for volunteers to sit
on a research committee whose mandate shall be tied to the work item in
question. This invitation for volunteers shall be accompanied by a set
of specific criteria to ensure that members of research committees have
a knowledge of, and experience with, issues relevant to the work of the
DNSO that is appropriate for the purpose for which the research committee
is created. The secretariat shall publish the names of volunteers who are
finally appointed, together with their credentials. The secretariat shall
circulate any recommendations produced by such research committees among
the members of the Business Constituency for consultation. This process
shall be repeated until consensus has been achieved, always within the
time frame of DNSO decisions, which may require a quick decision..
2. The secretariat shall use their
best efforts to give small and medium-sized enterprises an adequate voice
in all Business Constituency work processes. These efforts may include,
but not be limited to, the organization of democratic elections for representatives
of organizations of small and medium sized businesses (SMEs) to sit on
an SME Consultative Committee whose advice shall be solicited on substantive
policy work items.
3. Within two weeks from the election
of a secretariat, it shall appoint for a period of two years a Credentials
Committee, consisting of three members from three different regions of
4. Delegation of vote will be
permitted in any teleconference organized by the Business Constituency
to discuss or decide on any issue. Nevertheless, if 10% of the members
consider that an issue should be voted by e-mail, then the e-mail vote
will invalidate any decission taken in a teleconferences. No vote delegation
will be permitted in e-mail votes.
1. Business Constituency funding
requirements shall be fulfilled through membership fees that are raised
in such a way as to ensure that no unreasonable barriers are created for
membership in the Business Constituency for commercial/business entities
or business organizations or any kind or size.
2. In the initial launch of the DNSO,
in order to establish an operating budget, it shall be possible to accept
one-time only contributions from business/commercial entities and business
organizations, in lieu of membership fees, and credited toward such fees.