Continued manipulations of the NCDNHC by ISOC: How come to compromise with dishonest people?

[Michael Sondow <msondow@iciiu.org>]

The following message from David Maher appeared on the listserv that
ISOC is using to organize support for its version of the NCDNHC. It
is a serious abuse of the organizational procedures for constituency
formation. No mechanism for the nomination or election of NCDNHC
officers or Names Council members has been agreed upon yet, nor even
who the membership of the NCDNHC will be, yet ISOC is nominating and
electing its own members. Furthermore, the persons communicating
totally disregard the ICIIU and its supporting organizations, as if
they didn't exist, whereas the ICIIU and its supporters were the
original organizers of the constituency.

Further, attached below is ISOC's version of the Berlin NCDNHC
compromise proposal put forth by the ACM and agreed upon
provisionally (except for Article V) by the ACM, ICIIU, and ISOC.
Yet to their constituents, on a listserv dishonestly named "NCDNSO"
as if ISOC already controlled, not a constituency, but a Supporting
Organization named the NCDNSO, they have misrepresented the
compromise proposal as being theirs, and have gone so far as to
pretend that the organizations supporting the ICIIU do not exist and
that an eventual election will poll their supporters (fraudulently
obtained by pretending ISOC was the sole orgainzer of the NCDNHC)
but not the ICIIU's.

This continued manipulation and abuse by ISOC - an organization that
in no way represents the broader community of non-commercial
organizations having an interest in the Internet - of the democratic
constituency formation process defined by ICANN makes compromise
difficult if not impossible. The ICIIU agreed in Berlin to a
compromise proposal for the constituency, and we have hoped that all
parties would stop their zero-sum games and negotiate in good faith.
However, ISOC seems incapable of doing so. No sooner do they return
from Berlin, than they begin again to manipulate people and
organizations with the idea of taking over and controlling the
NCDNHC for themselves.

The ICIIU calls on the ICANN board, the U.S. Government, the
European Union, the press, the World Trade Association, and all
right-thinking persons involved in this process to oppose and put a
stop to this unfair and undemocratic usurpation of the
non-commercial constituency of ICANN's DNSO by a single
organization: ISOC.

Michael Sondow
============================================================
International Congress of Independent Internet Users (ICIIU) 
        http://www.iciiu.org       iciiu@iciiu.org 
============================================================

.........................................................
Subject: [Enred-DNSO] Latin American Representative
Date: Sat, 29 May 1999 18:37:17 -0500
From: "David W. Maher" <dwmaher@IBM.NET>
To: NCDNSO@listserv.isoc.org

Oscar:
        In response to your message quoted below, Mr Echeberria's
name will be placed in nomination to be the Latin American
representative on the slate of interim officers of the
Non-Commercial constituency as soon as Milton agrees to hold the
election.
Best regards,
David

You wrote:

David and Milton,
        On behalf of ENRED, the latin american cientific and
academical networks asociation, I want you to propose to Mr. Raul
Echeberria, as the Latin representative to the Non-Commercial
constituency.
        Mr. Echeberria (raul@inia.org.uy) has been working in the
Internet in latinAmerica, especifically in Uruguay, since 1994, He
is alternate president of ENRED, ISOC member, program committee
member for the Latin American Networking workshop (INET'99) and
national of Uruguay.
        ENRED is an organization wich groups Universities, NGO's,
ccTLDs and individuals from latinamerica.
        We appreciate your time and effort in this constituency and
we hope we can support your unified proposal to become the seventh
constituency approved by the board.

        Best regards,
                        Oscar Alejandro
........................................................
>From - Mon May 31 12:20:33 1999
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Subject: [Enred-DNSO] Agreement in Berlin
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Following is the text of the principles agreed on by the representatives of the
group of approximately 30 organizations subscribing to the proposal for a
non-commercial domain name holders constituency on the web site maintained at
isoc.org, and also by representatives of the ACM-IGC and ICIIU. The ICANN Board
declined to recognize the constituency because there remained disagreement over
Section V, which is set forth separately at the end of the first four sections.
The ACM-IGC and ICIIU representatives presented their own version of Section V,
which would specify four named individuals (Michael Sondow, Milton Mueller, Don
Heath and Roberto Gaetano) as the initial officers instead of allowing an
election by the existing organizations which came together to form the
constituency.  ICANN has asked the parties involved to attempt to work out a
mutually agreeable compromise within the next three to four weeks.

FINAL COMPROMISE PROPOSAL
THE NON-COMMERCIAL DOMAIN NAME HOLDERS CONSTITUENCY

SUBMITTED BY REPRESENTATIVES OF:
A GROUP OF ORGANIZATIONS SUBSCRIBING TO THE PROPOSAL ON THE WEB SITE MAINTAINED
BY THE  INTERNET SOCIETY

I.  Goals of the Non-Commercial Constituency

The Non-Commercial Domain Name Holders Constituency has a special place in the
DNSO. The NCDNHC is the constituency which is intended to be independent of
commercial interests. Its members will be those organizations whose uses and
applications of the Internet are primarily non-commercial. Its purpose is to
support non-commercial speech and activity on the Internet, to protect the
rights of noncommercial domain name holders, and to forge together the
interests of noncommercial 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 intererests of
such organizations are not necessarily represented by the other constituencies
of the DNSO and deserve to be represented in the NCDNHC.
II.  Membership Criteria
The NCDNHC proposes that organizations holding domain names, which are
organized not-for-profit under the laws of any jurisdiction and are recognized
as having primarily noncommercial purposes, and organizations which, although
not formally incorporated, are recognized as having primarily noncommercial
purposes, e.g., educational, religious, charitable, or professional, shall be
eligible for membership.

Membership is limited to organizations that are not also members of other DNSO
constituencies. We recognize that some organizations that are non-profit and
engage in non-commercial activities may be eligible for other DNSO
constituencies, but in order to focus the efforts of the NCDNHC, such
organizations are eligible for the NCDNHC only if they elect not to join other
constituencies.

In order to bootstrap the organization of the NCDNHC, the following
organizations are recognized as the Founding Members of the NCDNHC:

[Insert list from ISOC web site plus ACM plus ICIIU.]

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 IV
above, incorporated as a not-for-profit entity, and, for membership
organizations, having a current membership over 1000 people or, for
nonmembership organizations, having 200 or more employees (such as a
not-for-profit university).
Small Organizations: Organizations meeting the membership criteria and
goals for
promoting non-commercial activity on the Internet as set out in Section IV
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 nonmembership
organizations, having less than 200 employees.
Organizations having chapters, committees and other subgroups.
Many large organizations will have worldwide chapters, schools within a
university, numerous special interest groups and other subdivisions.  These
subgroups of larger organizations may apply for membership by submission of
supporting data to justify having a separate and independent voice that would
not necessarily be properly represented by the membership of the parent.
Consideration of such application shall be based on both avoidance of giving
any organization a disproportionate voice in the constituency's discussions and
decisions while still offering a voice to legitmately independent voices.
IV.  Voting Principles and Proposals
A.  Voting Principles
Each member organization shall have one vote.
In keeping with the Organizational Principles set out in Section III, the
Non-Commercial Domain Name Holders Constituency must find a way to provide
large and small organizations with a full and fair vote for election of Names
Council members and other decisions.
B. Voting Proposals
ACM-IGC recommends that the Names Council representatives from the
Non-Commercial Constituency be elected by the large and small organizations as
follows:
1)  one Names Council representative by the Large Organizations,
2) one Names Council representative by the Small Organizations, and
3)  a third Names Council representative elected from a slate of nominees
submitted half by the Large Organizations and half by the Small Organizations
and with voting on this joint slate weighted by an algorithm that balances
combined number and size of the large organizations with combined number and
size of the small organizations. This procedure will be created by the Officers
and ratified by the membership
************************************************************
END OF AGREED UPON PRINCIPLES
************************************************************
V. INTERIM ORGANIZATION

Until August 31, the NCDNHC shall be governed by an interim committee of five
officers to be selected by nominations, to be made on or before June 21, and an
election to be conducted on June 25 by email ballots of the Founding Members.

The primary purpose of this committee is to constitute the initial membership,
keep accurate and complete records of confirmed members, and to generate new
membership in the NCDNHC. Toward that end, the Committee will operate a mailing
list connecting the members. Beginning August 1, 1999 nominations for the Name
Council will be opened.

New members shall apply to the interim officers for membership. The interim
officers shall ratify the new members by a majority vote. In case of rejection
of an application, the application shall be submitted to a majority vote of the
existing membership.

The interim officers shall also draft and submit to the membership for
approval:
a specific procedure for electing the third Names Council member, as per
Section IV.B.3 above (this must be done before August 1);
a proposal for a permanent officers structure and, if deemed necessary, a
credential challenge and dispute resolution process.



--=====================_1716062==_.ALT
Content-Type: text/html; charset="us-ascii"

<html>
<font face="Times New Roman, Times" size=4><b>Following is the text of
the principles agreed on by the representatives of the group of
approximately 30 organizations subscribing to the proposal for a
non-commercial domain name holders constituency on the web site
maintained at isoc.org, and also by representatives of the ACM-IGC and
ICIIU. The ICANN Board declined to recognize the constituency because
there remained disagreement over Section V, which is set forth separately
at the end of the first four sections. The ACM-IGC and ICIIU
representatives presented their own version of Section V, which would
specify four named individuals (Michael Sondow, Milton Mueller, Don Heath
and Roberto Gaetano) as the initial officers instead of allowing an
election by the existing organizations which came together to form the
constituency.&nbsp; ICANN has asked the parties involved to attempt to
work out a mutually agreeable compromise within the next three to four
weeks.<br>
<br>
</font>FINAL COMPROMISE PROPOSAL <br>
<font face="Arial, Helvetica" size=4>THE NON-COMMERCIAL DOMAIN NAME
HOLDERS CONSTITUENCY <br>
<br>
SUBMITTED BY REPRESENTATIVES OF:<br>
A GROUP OF ORGANIZATIONS SUBSCRIBING TO THE PROPOSAL ON THE WEB SITE
MAINTAINED BY THE&nbsp; INTERNET SOCIETY<br>
<br>
I.&nbsp; Goals of the Non-Commercial Constituency<br>
<br>
</b>The Non-Commercial Domain Name Holders Constituency has a special
place in the DNSO.<b> </b>The NCDNHC is the constituency which is
intended to be independent of commercial interests. Its members will be
those organizations whose uses and applications of the Internet are
primarily non-commercial. Its purpose is to support non-commercial speech
and activity on the Internet, to protect the rights of noncommercial
domain name holders, and to forge together the interests of noncommercial
domain name holders.<br>
<br>
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.&nbsp; The intererests of such organizations are not necessarily
represented by the other constituencies of the DNSO and deserve to be
represented in the NCDNHC.&nbsp; <br>
<b>II.&nbsp; Membership Criteria<br>
</b>The NCDNHC proposes that organizations holding domain names, which
are organized not-for-profit under the laws of any jurisdiction and are
recognized as having primarily noncommercial purposes, and organizations
which, although not formally incorporated, are recognized as having
primarily noncommercial purposes, e.g., educational, religious,
charitable, or professional, shall be eligible for
membership</font><font face="Courier New, Courier" size=2>.<br>
<br>
</font><font face="Arial, Helvetica" size=4>Membership is limited to
organizations that are not also members of other DNSO constituencies. We
recognize that some organizations that are non-profit and engage in
non-commercial activities may be eligible for other DNSO constituencies,
but in order to focus the efforts of the NCDNHC, such organizations are
eligible for the NCDNHC only if they elect not to join other
constituencies.<br>
<br>
In order to bootstrap the organization of the NCDNHC, the following
organizations are recognized as the Founding Members of the NCDNHC:<br>
<br>
[Insert list from ISOC web site plus ACM plus ICIIU.]<br>
<br>
</font><b>III.&nbsp; Organizational Principles<br>
</b>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: <br>
<u>Large Organizations</u>: Organizations meeting the membership criteria
and goals for promoting non-commercial activity on the Internet as set
out in Section IV above, incorporated as a not-for-profit entity, and,
for membership organizations, having a current membership over 1000
people or, for nonmembership organizations, having 200 or more employees
(such as a not-for-profit university).<br>
<u>Small Organizations</u>: Organizations meeting the membership criteria
and goals for promoting non-commercial activity on the Internet as set
out in Section IV 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 nonmembership organizations, having less than 200
employees.<br>
<u>Organizations having chapters, committees and other subgroups.<br>
</u>Many large organizations will have worldwide chapters, schools within
a university, numerous special interest groups and other
subdivisions.&nbsp; These subgroups of larger organizations may apply for
membership by submission of supporting data to justify having a separate
and independent voice that would not necessarily be properly represented
by the membership of the parent. Consideration of such application shall
be based on both avoidance of giving any organization a disproportionate
voice in the constituency's discussions and decisions while still
offering a voice to legitmately independent voices.<br>
<b>IV.&nbsp; Voting Principles and Proposals <br>
</b>A.&nbsp; Voting Principles <br>
Each member organization shall have one vote.<br>
In keeping with the Organizational Principles set out in Section III, the
Non-Commercial Domain Name Holders Constituency must find a way to
provide large and small organizations with a full and fair vote for
election of Names Council members and other decisions.<br>
B. Voting Proposals<br>
ACM-IGC recommends that the Names Council representatives from the
Non-Commercial Constituency be elected by the large and small
organizations as follows: <br>
1)&nbsp; one Names Council representative by the Large Organizations,
<br>
2) one Names Council representative by the Small Organizations, and<br>
3)&nbsp; a third Names Council representative elected from a slate of
nominees submitted half by the Large Organizations and half by the Small
Organizations and with voting on this joint slate weighted by an
algorithm that balances combined number and size of the large
organizations with combined number and size of the small organizations.
This procedure will be created by the Officers and ratified by the
membership <br>
<font face="Courier New, Courier" size=2><b>************************************************************<br>
END OF AGREED UPON PRINCIPLES<br>
************************************************************<br>
</font><font size=4>V. INTERIM ORGANIZATION<br>
<br>
</b>Until August 31, the NCDNHC shall be governed by an interim committee
of five officers to be selected by nominations, to be made on or before
June 21, and an election to be conducted on June 25 by email ballots of
the Founding Members.<br>
&nbsp;<br>
The primary purpose of this committee is to constitute the initial
membership, keep accurate and complete records of confirmed members, and
to generate new membership in the NCDNHC. Toward that end, the Committee
will operate a mailing list connecting the members. Beginning August 1,
1999 nominations for the Name Council will be opened.<br>
<br>
New members shall apply to the interim officers for membership. The
interim officers shall ratify the new members by a majority vote. In case
of rejection of an application, the application shall be submitted to a
majority vote of the existing membership.<br>
<br>
The interim officers shall also draft and submit to the membership for
approval:<br>
a specific procedure for electing the third Names Council member, as per
Section IV.B.3 above (this must be done before August 1);<br>
a proposal for a permanent officers structure and, if deemed necessary, a
credential challenge and dispute resolution process.<br>
<br>
</font><font face="Courier New, Courier" size=2>&nbsp;<br>
</font></html>

--=====================_1716062==_.ALT--


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