Ladies, Gentlemen, Milt,
What intrigues me about this is that the definition of 'non-commercial'.
Obviously
your august team have spent a long time extending to global use what I
understand is essentially US-tax exempt status, a status not necessarily
universally shared in
concept.
What does this mean?
Could the legendary Mr. Markle have joined? No, he couldn't, as a greedy
expropriator of the poor and associate of the rapacious J.P. Morgan, he
can't
until he dies and his estate is transformed into a non-profit foundation
(non-profit being the means for preserving his hard-acquired risk
capital). So
'non-commercial' is a legal accounting structure independent of
activity, purpose
or morality. Money transforms from 'commercial' to 'non-commercial'
over time.
(This is a view that I do not necessarily share, but a view that is put)
What does this mean?
Can the University of Buckingham join? No. It is a private, for profit,
commercial
entity.
Can a small, Mom & Pop cornerstore domain holder join? No, they are a
private, for
profit, entity.
Healthcare and community provider companies like Philip Morris (look at
your tv
and read their annual report) would be excluded, whilst United Nations
agencies
which have made the transition from bureaucracy to active private
sector-funding
would be allowed. (e.g. the consortium formed between United
Technologies, Nestlé
and UNICEF amongst others to exploit commercial technologies and
structures in
pursuit of greater productivity in the caring sectors)
Hypothetical case in point. A Russian wood products importer with
largely Korean
labour, incorporated as a not-for-profit (it could be argued that all
Russian
business is not for profit from the tax point of view) wishes to
purchase entrance
to NCDNH. Is it accepted?
Hypothetical case in point. The Rwandan brick factory consortium
incorporated as a
business under Rwandan law, but under the Swiss-Rwandan friendship
agreement. Is
it accepted?
Hypothetical case in point. The pan-African state enterprise
(non-commercial)
which produces Primus beer. Is it accepted?
Can the newly-incorporated INEGgroup join? Yes it can.
Can Visa or Mastercard join? Yes they can (correct me if I am wrong,.
but they are
charitable foundations)
Can individuals such as Milt or others join? No they can't.
In many countries there has been a move away from 'not-for-profits' and
the concept of 'non-commercial' over the past
ten or fifteen years (it was called demutualisation in Europe) due to
the corruption and bribery inherent in an organizational structure where
there is
neither the discipline of paying a return on shareholder's capital nor
the need to report fully on the use of funds. It is a pity seeing you
falling into that trap.
Other countries tax and accounting regulations are not necessarily
transferable. The case still needs to be made here (unless ICANN is to
become the wine merchant business rumoured by Mike) Come on Milt, let's
have a decent refutation of these simple points. We were
asking these questions over two years ago. Or should Syracuse be spelled
Sir, J'accuse? Beware Greeks bearing gifts?
MM
Raúl Echeberría wrote:
> A group of volunteers have been working in a new charter proposal.
>
> The group was integrated by:
>
> David Maher
> Milton Mueller
> Vany Martinez
> Kathryn Kleiman
> Dany Vandrome
> Raul Echeberria
>
> Below, you can find the text proposed for be aproved by the
constituency.
>
> The "tag" [Delete: text] means that this text is proposed to be
deleted and
>
> the tag "** text ** " means that this text is proposed to be inserted.
>
> There are two point where we didn't get a complete agreement.
>
> Points are : G and H.
>
> In point G : (ALTERNATES)
> David Maher, Vany Martinez and I expressed some disagreements.
>
> David Maher : "I suggest that a simultaneous vote be held for
alternates. I
> also suggest that, if an alternate resigns or is otherwise not able to
> function, there will be a new election, provided, however, that a rep
may
> appoint a substitute alternate if there are 3 months or less remaining
in
> the term of office"
>
> In point F : (TERM FOR SERVING AS A NC MEMBER)
>
> I expressed my disagreement with the Two years period proposed.
> I'm proposing 1 year. 2 years is to much time in Internet issues and I
> expect to have much more members in 1 year to have a new election.
>
> Here is the proposal to discuss about it.
>
> In separate mail, I'll send you the timetable proposed.
>
> Best Regards,
>
> --------------------- NCDNHC CHARTER
---------------------------------------
>
> [Delete: APPLICATION FOR INITIAL]
>
> CHARTER OF THE NON-COMMERCIAL DOMAIN NAME HOLDERS CONSTITUENCY
>
> [Delete: 16 August 1999] ** replace with new date of acceptance by
NCDNHC **
>
> 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, **including organizations which
> represent individual domain name owners whose interests 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.
>
> ** The NCDNHC will have two types of membership. Voting members and
> non-voting members.** [Delete: 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 are not voting
members in
> any other DNSO Constituency. Non- voting members can participate in
the
> discussion list, submit proposals to the Constituency and participate
in all
> open teleconference calls and physical meetings. [delete: 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.
> [Delete: 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 [delete: vote
for
> three members of] ** 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. 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. **
> 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 Names Council
> representatives shall ** be citizens of ** [delete: 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. ** Alternates
>
> While it is anticipated that Names Council representatives will
manage the
> many tasks of Names Council representation, Constituency management
and DNSO
> working group participation, it is also recognized that participation
in the
> many international meetings, international conference calls, and other
Names
> Council duties may from time to time require a sharing of time and
costs with
> an Alternate.
>
> Each person running for Names Council representative may choose an
alternate
> with whom to run. The alternate candidate must be affiliated with an
> organization that is a member of the NCDNHC, and have the approval of
that
> organization to run. Further, the alternate must be a citizen of the
same
> geographic region as the Names Council candidate. The names of the
two
> individuals shall be listed together on the voting ballot. A Names
Council
> candidate need not run with an alternate.
>
> The Alternate shall work closely with the Names Council representative
to
> participate and vote as he/she would have done. The Alternate shall
keep the
> Names Council representative fully informed of his/her actions when
> participating in Names Council activities. ***
>
> G. ** Resignation or Withdrawal **
>
> 1. Of a Names Council Representative
>
> Should a Names Council representative withdraw, resign or otherwise
> relinquish his/her position prior to the end of his/her term, the
> Constituency shall hold new elections for this position, provided the
> remaining time of the term consists of six or more months. Should the
> remaining time of the term consist of less than six months, the
alternate of
> the Names Council representative, should such a person exist, shall
complete
> the term.
>
> Should the Names Council representative resign without an alternate
and with
> less than six months remaining in his/her term, the Administrative
Committee
> member who was the person with the fourth highest number of votes from
a
> different geographic region than the 3 Names Council Representatives
shall
> serve out the remainder of the term. **
>
> 2. Of an Administrative Committee member
>
> Should an Administrative Committee member (who is not also a Names
Council
> representative) withdraw, resign or otherwise relinquish his/her
position
> prior to the end of his/her term, the Geographic region of the
Administrative
> Committee member shall be asked to hold new elections for this
position,
> provided the remaining time of the term consists of six or more
months.
> Should the remaining time of the term consist of less than six months,
the
> alternate of the Administrative Committee representative, should such
a
> person exist, shall complete the term.
>
> Should the Administrative Committee member resign without an alternate
and
> with less than six months remaining in his/her term, the
Administrative
> Committee shall solicit input from the Constituency members of the
Geographic
> region of the Administrative Committee member and appoint a person
from the
> Region to serve out the term.
>
> 3. Of an Alternate
>
> Should an alternate to a Names Council Representative withdraw, resign
or
> otherwise relinquish his/her position prior to the end of his/her
term, the
> Constituency shall hold new elections for this position provided the
> remaining time of the term consists of six or more months. Should the
> remaining time of the term consist of less than six months, the Names
Council
> Representative with whom the Alternate served shall appoint a new
Alternate
> to serve out the term. The new Alternate must be from the same
Geographic
> region as the Names Council representative and must be affiliated with
an
> organization that is a member of the NCDNHC, and have the approval of
that
> organization to run.**
>
> H. ** Term of Names Council and Administrative Council
>
> Pursuant to ICANN Bylaws, the term of the Names Council and
Administrative
> Council representatives shall be two years. **
>
> [Delete: 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.
>
> [Delete: In this charter phase of the NCDNHC, membership should] **
> 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.
>
> B. List
>
> The NCDNHC shall have a listserv for members to introduce themselves
and
> discuss constituency matters.
>
> C. [Delete: Initial] ** Website and Listserv ** Host
>
> [Delete: It is proposed that the ] ** 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.
>
> [Delete: 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.]
>
> 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.
> **
>
> Raul Echeberria
> raul@inia.org.uy
>
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