The position of the ICIIU on the question of a membership definition of the NCDNHC is colored by the fact that there are various constituencies available to most entites involved in this process, but that the ICIIU and like organizations have only one: the NCDNHC. Thus we insist that no persons, organizations, corporations, or associations of these may be members of the Non-Commercial Domain Name Holders Constituency if a significant proportion of their activities or members are commercial, since such entites and their funding sources are more than adequately provided with other constituencies in which to influence the DNSO.

This means for example that ISOC, many of whose members are businesses, should not itself become a member of the NCDNHC, but rather that those of its members which are non-commercial should join the NCDNHC individually. The same would apply to any other second-level association of organizations. That is the only way to preserve the NCDNHC from being co-opted by organizations which, while themselves incorporated as non-profits, actually represent the commercial interests of their members.

This definition of the NCDNHC is the necessary consequence of naming and thus defining a constituency by economic criteria, as has been done for not only the NCDNHC but the Business Constituency and others as well. And while the ICIIU may not agree with this method of construing the DNSO membership we intend to adhere to it and apply it strictly so that the commercial interests may not dominate and control the DNSO totally. We believe that this was the intention of the board when they provided this constituency for the non-commercial Internet interests, and we intend to preserve it for this purpose, even if this means taking a very firm stand on admission to it for organizations and associations whose activities and memberships are undeclared or unknown, or which have commercial members.

At the NCDNHC meeting in Berlin, the ICIIU accepted a compromise proposal offered by the ACM that provides a broad definition of the purposes and aims of the NCDNHC but which does not describe membership criteria in detail or provide a mechanism for electing Names Council members. The ICIIU subscribes to the ACM compromise proposal as far as it goes and in an attempt at avoiding pitfalls and reaching a consensus proposal for the constituency. However, until a membership definition and election mechanism have been agreed upon by all those concerned, the ICIIU will retain its own, as given in its proposal.

The ICIIU originally intended to include individuals as members of the NCDNHC, as reflected in our original guidelines proposal. However, because we believe that individuals have a right to their own constituency and their own voice in the DNSO, and in order to reach a compromise with the ACM and other organizations which hold that position, we have agreed not to include them and instead to support their efforts for obtaining a constituency of their own.

I. DEFINITION

The Non-Commercial Domain Name Holders Constituency (NCDNHC) is a constituency within the Domain Name Supporting Organization (DNSO) of the Internet Corporation for Assigned Names and Numbers (ICANN), as defined by the ICANN Bylaws, Art. VI-B Sec.3.

II. PURPOSE

The purpose of the NCDNHC is to provide a forum for discussion of all matters concerning the internet domain name system that relate to non-commercial domain name holders, to formulate policy recommendations on these matters, and to communicate such policy recommendations to the Names Council of the DNSO through the three seats on the Names Council pertaining to the NCDNHC.

III. TRANSPARENCY, OPENNESS, AND DUE PROCESS

All activities of the NCDNHC, including its deliberative and policy recommendation activities, the selection of its officers, committees, and chairman if such are created, and the nomination and election of its seats on the Names Council of the DNSO, will be conducted in an open and transparent manner in accordance with democratic principles, due process, the rules of order, and the bylaws of the DNSO and ICANN.

IV. MEMBERSHIP

A. Organizations: All corporations of individuals duly registered as not-for-profit corporations and whose members do not use the Internet for commercial purposes may be members of the NCDNHC. Likewise, all associations of such individuals, whether incorporated or not, may be members of the NCDNHC.

B. Second-Level Organizations: All corporations or associations of organizations whose constituent member organizations satisfy the criteria of "A" above may be members of the NCDNHC.

C. Any organization which could, by its nature, become a member of the NCDNHC as well of another constituency will be asked to choose, and if it becomes a member of another constituency will not be accepted as a member of the NCDNHC.

V. SELECTION OF NCDNHC SEATS ON THE NAMES COUNCIL

A. General rules for nomination and voting.

(a) The nomination of candidates and the election of NC seats will be conducted by an election officer, who may be the chairman of the NCDNHC. For the initial nominations and elections, an interim election officer will be chosen by the members gathered. This initial election officer may be a person who is not a member of the constituency.

(b) There is no limit to the number of candidates who may run for NC seats, but no more than one member of any first-level organization may be a candidate.

(b) No more than one member, supporter, or representative of a coalition formed as an organizing group of the NCDNHC may be elected to the Names Council in any election, nor may more than one such person occupy a Names Council seat concurrently as an elected representative of the NCDNHC.

B. Selection of candidates.

(a) Candidates for NC seats must be nominated by members other than themselves, and their candidacy must be seconded by at least one member other than the member making the nomination.

(b) Members of the NCDNHC who are unable to be present at a meeting to nominate candidates for NC seats may propose candidates by email before the date of that meeting. A candidate thus nominated will be considered seconded by the chair, or in the case of the initial election by the election officer, pro forma. (c) Neither presence at a meeting at which candidates are to be nominated, nor at a meeting at which the NCDNHC's NC seats are to be elected if that is done subsequent to the nomination of candidates, is a requirement for either candidacy or election to those seats.

C. Election of NC seats.

(a) Voting for the NCDNHC's three NC seats will be by direct vote, each NCDNHC member having three votes that must be cast for three separate candidates.

(b) Voting will be done by secret written ballot of those present at the election meeting and by proxy.

(c) Designated proxies are required to present to the election officer an email requesting such from the absent member and sent from that member's email address.

(d) If more than 25% of the constituency are not present at an election meeting and desire to vote yet express their unwillingness to do so by proxy, voting will be done at least one day subsequent to the day candidates are nominated. In this case the election officer will communicate information about the candidates by email to the absent members, and will request from them an email ballot which will be presented by the election officer at the election.

(e) Nomination and election meetings for NC seats, as well as other meetings of the NCDNHC in which a vote needs to be taken, may be done by electronic communications if a majority of the members of the NCDNHC wish it, so long as the above rules of order and process are adhered to. If such electronic meetings are held, adequate notification of members must be made by the chairman or the officers of the NCDNHC, or by the person(s) planning to call a vote.

VI. OTHER MATTERS

All other matters concerning the organization of the NCDNHC and its activities will be decided by vote of its membership once formed.