Domain Name Holders Constituency
Second Charter Revision
Revision 28 August 2000
Revision 10 September 2000
Posting 21 September 2000
I. Goals of the Non-Commercial Constituency
The Non-Commercial Domain Name Holders Constituency has a special place
in the DNSO. The NCDNHC is intended to be independent of commercial interests.
Its members are organizations whose uses and applications of the Internet
are primarily non-commercial, including organizations which represent
individual domain name holders whose interests must be primarily non-commercial.
Its purpose is to support non-commercial speech and activity on the Internet,
to protect the rights of non-commercial domain name holders, and to forge
together the interests of non-commercial domain name holders.
NCDNHC must provide the voice and representation for organizations that
serve non-commercial interests and provide services such as community
organizing, promotion of the arts, children's welfare, religion, education,
scientific research, human rights and the advancement of the Internet
as a global communications system available to all segments of society.
The interests of such organizations are not necessarily represented by
the other constituencies of the DNSO and deserve to be represented in
II. Membership Criteria
The NCDNHC proposes that the following organizations shall be eligible
for membership in the NCDNHC:
a) organizations holding at least one domain name,
b) and which are incorporated as a non-commercial entity (in countries
that have such a provision in their commercial code), or if unincorporated
or operating in a country without provisions for non-commercial incorporation,
operate on a not-for-profit basis primarily for non-commercial purposes,
c) which are engaged in activities that are primarily non-commercial,
including, e.g. political, educational, religious, charitable, scientific
The membership of the NCDNHC specifically excludes commercial entities
and associations of or for the benefit of commercial entities (even if
they are non-commercial in form), and also excludes organizations which
use the Internet primarily forcommercial activity, even if their other
activities are non-commercial.
The NCDNHC will have two types of membership, voting members and non-voting
Nonvoting members. Associations or organizations whose specific goals
are to represent 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 participate
as non-voting members. Non-voting members can participate in Constituency
discussion lists, propose and discuss resolutions and participate in all
physical meetings. Non-voting members have no voting rights in the constituency
and its processes and cannot participate in constituency Adcom teleconference
calls except by consent of the Adcom. We understand that many subgroups
have separate interests and a separate voice from their parent organizations.
Those subgroups are welcome to participate fully and actively in the Constituency
as non-voting members.
Political organizations that are non-governmental are eligible for voting
status. A political organization shall be considered "non-governmental"
if its primary purpose is to influence governmental or public policy,
but not to hold governmental offices or to elect government officials.
Ineligible political organizations are those whose primary purpose is
to hold government offices and/or elect government officials. In unclear
or borderline cases, the voting status of a political organization will
be decided by the constituency membership after review of the application
on its merits.
III. Organizational Principles
In order to foster full and fair representation of both large and small
organizations, the NCDNHC proposes to divide the membership of the Non-Commercial
Constituency into two subgroups:
Large Organizations: Organizations meeting the membership criteria
and goals for promoting non-commercial activity on the Internet as set
out in Section I above, incorporated as a not-for-profit entity, and,
for membership organizations, having a current membership over 1000
or more people or, for non-membership organizations, having 200 or more
employees (such as a not-for-profit university). Large organizations
pay a higher membership fee as noted in the amendment on membership.
Small Organizations: Organizations meeting the membership criteria
and goals for promoting non-commercial activity on the Internet as set
out in Section I above, operating on a not-for-profit basis for the
benefit of more than one individual or family, and whose membership
is under 1000 or, for non-membership organizations, having less than
200 employees. Large organizations who wish to pay the lower fees may
pay membership fee for small organizations and get the same voting rights
as a small organization as per IV(C) below.
IV. Voting Principles, Proposals and Overall Organization
A. DNSO Names Council and NCDNHC Administrative
Per ICANN Bylaws, members of the NCDNHC are entitled to elect three
members to the DNSO Names Council.
NCDNHC will also elect two other persons who, together with the Names
Council members, shall form an Administrative Committee (AdCom). The
Administrative Committee is intended to represent all five ICANN geographic
regions. It will advise members of the NCDNHC of the Names Council proposals
and will assist Names Council representatives by providing input and
information from NCDNHC members. Further, the Administrative Committee
will be responsible for handling the administrative issues of the Constituency,
including the management of fees.
B. Voting Principles
In order to assure geographic distribution, (i) no two AdCom members
shall be citizens of the same geographic area, as defined in the ICANN
bylaws, (ii) no two AdCom members shall represent the same organization,
and (iii) no single AdCom member shall represent more than one organizational
member of the NCC.
C. Voting Proposals
In order to balance the size of the large organizations with the potential
of the small organizations to join in much greater numbers, voting will
be weighted by giving two votes to each large organization and one vote
to each small organization.
In order to assure diversity, Names Council Representatives and Administrative
Committee members will be elected by the following process:
- the person with the most votes is the First AdCom member, and a
Names Council Representative.
- the person with the second highest number of votes -- from a different
geographic region than the first AdCom member -- is elected as the
Second AdCom member, and a Names Council Representative.
- the person with the third highest number of votes -- from a different
geographic region than the first and second AdCom members -- is elected
as the Third AdCom member, and a Names Council Representative.
- the person with the fourth highest number of votes -- from a different
geographic region than the first three AdCom members -- is elected
to the AdCom
- the person with the fifth highest number of votes -- from a different
geographic region than the first four AdCom members is also elected
to the AdCom.
D. Membership Required To Run; Nominations Require
To run for the AdCom, a candidate must be affiliated with an organization
that is a member of the NCDNHC, and have the approval of that organization
to run. Any organization may nominate a candidate, and every nomination
must be seconded by another organization.
E. Voting Results Shall Be Publicly Announced
In the interest of openness, results of voting for Names Council representatives
shall be public. After the period allowed for voting closes, the votes
shall be listed by organization on the NCDNHC website so that they can
be inspected and counted by members and the public.
F. Term of Names Council and Administrative Council
The term of the Names Council and Administrative Council representatives
shall be one year.
If an Administrative Committee member or Names Council member resigns
the Administrative Committee member from a different region who ranked
fourth in votes in the original election replaces him/her temporarily,
until a new election is held. Such a new election should be completed
within two months of the resignation/impeachment.
In case of election for a Names Council position, the Administrative
Committee members who represent the two regions that were not represented
on the Names Council must run as candidates from that region. Other
members from regions already represented on the Administrative Committee
cannot run in this election.
Any number of candidates from the region not represented in the Administrative
Committee can run.
In case of election for a Names Council position, the candidate from
one of the three regions not already represented on the Names Council
who gets the largest vote total is the new Names Council representative.
The two candidates from the three regions not already included in the
Names Council with the 2nd and 3rd highest vote totals are Administrative
Committee members for those regions.
V. Sign up for Membership and Communication via Website
A. Sign up for Membership
The NCDNHC represents a large and heterogeneous group of organizations,
many of whom are not yet aware of the ICANN, its processes, and their
impact. It is crucial to the success of the constituency that it be
operated in an open manner which will encourage new organizations meeting
the membership criteria to join and participate.
It is also important that those within the constituency have the opportunity
to learn about a member, any possible conflicts the member might have,
and the position and title of the person designated to represent the
Membership will be by self-nomination based on disclosure. The NCDNHC
website will have a form which all prospective members will fill out,
to include: the individual seeking to work with the NCDNHC on behalf
of the organization, her/his title and position with the organization,
full contact information, whether he/she is formally authorized to represent
the organization, whether the organization is non-commercial and how
the organization engages in non-commercial speech and activity on the
Internet, whether the organization or the individual have any conflicts
that the groups should be aware of, the domain name of the organization
and any website URL it may have.
All organizations must fill out this form, and circulate it to the
others seeking to form the NCDNHC. As new organizations seek to enter
the Constituency, they too will circulate the form to the other members
via the NCDNHC list. Other members may challenge the application for
failure to meet the stated membership criteria of the constituency.
Copies of the forms for all organizations will also be kept on the
NCDNHC website, with a facility to search the forms by organization's
name and representative's name.
The NCDNHC shall have a listserv for members to introduce themselves
and discuss constituency matters.
C. Website and Listserv Host
The Internet Society (ISOC) shall be the initial host of NCDNHC website
and list. Both shall be organized per the requirements of this Charter,
and per the specifications that may arise from consensus of the NCDNHC.
The Administrative Committee shall have the authority to change the
website and listserv host.
VI. Charter Amendment
This Charter may be amended from time to time as the needs of the Constituency
change or as needed to incorporate changes to the ICANN Bylaws.. Amendment
shall be through the formation of a Charter Revision Committee, to include
the Administrative Committee and other members of the Constituency who
shall volunteer, which shall recommend and discuss changes. Recommended
changes shall then be presented to the Constituency for review and adoption.
the layout, construction and functionality of this site
should be sent to email@example.com.
©2003 The Internet Corporation for Assigned
Names and Numbers. All rights reserved.