Re: Submission to ICANN of NCDNHC Initial Charter

[Jeff Williams <jwkckid1@ix.netcom.com>]

Kathy and all,

  I would like to express my disagreement on the following section of
the NCDNHC CHARTER.

To Wit:
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.

===========

  It seems grossly unfair and a bit disenfranchising that the size of
an organization should predicate how many votes they have or get....

KathrynKL@aol.com wrote:

> August 16, 1999
>
> The Noncommercial Domain Name Holders Constituency (NCDNHC) is pleased to
> submit its Application for Initial Charter to ICANN.  As a group, we have put
> a great deal of time and thought into this charter.  We understand that this
> Charter Application will be posted on the ICANN website for public comment,
> and then reviewed by the ICANN Board at the Santiago meeting next week for
> recognition.
>
> As you know, the NCDNHC is distinctive and differs from other Constituencies.
>  We have taken a slightly longer time to organize than other constituencies,
> but we have reached out to a large and diverse noncommercial community and
> attracted over 50 members from all five geographic regions!  We appreciate
> ICANN's flexibility in working with us on establishing schedules we can
> achieve together.
>
> Here our current plans for NCDNHC work:
> Week of August 16: Elections of NCDNHC Preliminary Names Council
> Representatives
> Week of August 23: Request for Initial Charter of NCDNHC by ICANN and
> representation of NCDNHC in the DNSO Names Council Meetings
> February 2000: Revise charter and elect NCDNHC Permanent Names Council
> Representatives
>
> This charter is a work in progress.  We expect that you, the public and the
> NCDNHC members and observers will have changes and revisions, and the NCDNHC
> welcomes the opportunity to review these recommendations.
>
> Thank you again for your support of the NCDNHC efforts to self-organize.
> Should you have any questions regarding our charter or schedule, please
> contact David Maher (dwmaher@ibm.net) or me (kathrynkl@aol.com).
>
> Sincerely,
> Kathryn A. Kleiman
> Association for Computing Machinery's Internet Governance Committee
> NCDNHC Member
>
> ------------------------------ NCDNHC Charter
> ----------------------------------------------------
> APPLICATION FOR INITIAL CHARTER OF THE NON-
> COMMERCIAL DOMAIN NAME HOLDERS CONSTITUENCY
> 16 August 1999
>
> 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 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 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 the NCDNHC.
>
> 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, and c) which are  engaged
> in activities that are primarily non-commercial, including, e.g. political,
> educational, religious, charitable, scientific and artistic.
>
> The membership of the NCDNHC shall specifically exclude commercial
> entities and associations of or for the benefit of commercial entities
> (even if they are non-commercial in form), and also shall exclude
> organizations which use the Internet primarily for commercial activity,
> even if their other activities are non-commercial.
>
> Further, 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
> voting membership in the NCDNHC only if they elect not to join other
> constituencies. They may, however, join the NCDNHC as observer
> members.
>
> 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. The purpose of this document is to set out the
> minimum organizational  structure necessary to launch the NCDNHC in
> an open manner.  As set out in the notes at the end of the draft Charter,
> 'Inclusion of subgroups of large organization which have separate voices
> from those of the parent organization'  is one of the critical issues to be
> considered when the Constituency redrafts its Charter within
> approximately 6 months to one year and we have a better idea of
> representation and balance.
>
> 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).
>
> 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.
>
> IV.   Voting Principles, Proposals and Overall Organization
>
> A.     DNSO Names Council and NCDNHC Administrative Committee
>
> Per ICANN Bylaws, members of the NCDNHC are entitled to vote for
> three members of the DNSO Names Council.  NCDNHC will also elect
> two other persons who, together with the Names Council members, shall
> form an Administrative Committee. The Administrative Committee is
> intended to represent all five 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.
>
> B.   Voting Principles
>
> In order to assure geographic distribution, (i) no two Names Council
> representatives shall reside in the same geographic area, as defined in the
> ICANN bylaws, (ii) no two Names Council representatives shall
> represent the same organization, and (iii) no single Names Council
> representative shall represent more than one organization.
>
> 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 Names Council
> Representative.
>
> - the person with the second highest number of votes -- from a different
> geographic region than the first Names Council Representative -- is
> elected
> as the Second Names Council Representative.
>
> - the person with the third highest number of votes -- from a different
> geographic region than the first and second Names Council
> Representatives --
> is elected as the Third Names Council Representative.
>
> - the person with the fourth highest number of votes -- from a different
> geographic region than the 3 Names Council Representatives -- is
> elected to
> the NCDNHC Administrative Committee.
>
> - the person with the fifth highest number of votes -- from a different
> geographic region than the Names Council Representatives and the other
> non-Names Council Administrative Committee member -- is also elected
> to the
> NCDNHC Administrative Committee.
>
> D.    Membership Required To Run; Nominations Require a Second
>
> To run for the Names Council, 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.   First Vote
>
> In the interest of having full representation of the NCDNHC at the next
> ICANN meeting, the first elections for three preliminary Names Council
> representatives to serve a six month term will take place during the week
> of August 16, 1999.  Beginning August 16, 1999, the NCDNHC shall
> accept nominations for the Name Council.  These nominations will
> include a statement that the candidate is affiliated with a member of the
> NCDNHC and has the approval of that organization to run, and also a
> statement of the candidate's view of key issues facing the Names
> Council and what positions the NCDNHC should consider taking on
> them. Nominations and statements must be submitted to the NCDNHC
> list.
>
> The Voting for preliminary Names Council Representatives will take
> place during the week of August 16, 1999.
>
> V. Sign up for Membership and Communication via Website and List
>
> 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 member.
>
> In this charter phase of the NCDNHC, membership should 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.
>
> B.  List
>
> The NCDNHC shall have a listserv for members to introduce themselves
> and discuss constituency matters.
>
> C.  Initial Host
>
> It is proposed that the Internet Society (ISOC) 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.
>
> End of Formal (Draft) Proposal
>
> Endnote: The issues set out above are designed to be the minimum
> organizational structure necessary to launch the NCDNHC in an open
> manner, and to elect Names Council representatives prior to the next
> ICANN meeting.  In technical terms, this is the bootstrap.
>
> We hope that the NCDNHC will grow quickly, and with that growth we
> envision a host of administrative demands will arise including the likely
> need for internal management through officers, voting time frames and
> procedures for future elections, inclusion of subgroups of large
> organizations which may have separate voices from those of the parent
> organization, formal ways to develop NCDNHC positions on issues being
> evaluated by the Names Council, perhaps credentialing of new members,
> and many others.
>
> We leave these issues to the NCDNHC as it grows and to the next
> document, which we hope will be drafted within the first year of this
> Constituency.
>
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Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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