Distributed firstly with a date from last century, apologies.
Subject: NCDNCH Charter
> 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
> >
> > ---
> > You are currently subscribed to ncdnhc-discuss as:
> measday@josmarian.ch
> > To unsubscribe send a blank email to
> leave-ncdnhc-discuss-1729M@lyris.isoc.org
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