CHARTER OF THE NON-COMMERCIAL CONSTITUENCY OF THE DNSO 2000-08-06 I. Goals of the Non-Commercial Constituency The Non-Commercial Constituency has a special place in the DNSO. The NCC 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 holders whose interests must be 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. NCC 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 NCC. II. Membership Criteria The NCC proposes that the following organizations shall be eligible for membership in the NCC: 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 NCC 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 NCC will have two types of membership. Voting members and non-voting members. 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 NCC, such organizations are eligible for voting membership in the NCC 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. 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. III. Organizational Principles In order to foster full and fair representation of both large and small organizations, the NCC 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 NCC Administrative Committee Per ICANN Bylaws, members of the NCC are entitled to elect three members to the DNSO Names Council. NCC 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 NCC of the Names Council proposals and will assist Names Council representatives by providing input and information from NCC 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 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 NCC 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 NCC 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 NCC, 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 NCC 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. In such a case the first choice for alternate shall be 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. Should that person decline, or otherwise not be able to perform the task, the administrative committee member who was the person with the fifth highest number of votes from a different geographic region than the 3 names council representatives shall serve. [If no AdCom member can serve, there will be no alternate.] G. Resignation or Withdrawal Should an administrative committee member 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. Such elected replacements shall only fill out the remaining term of the departing member. The geographic region may elect to not hold an election, if they deem there is insufficient time before the next full election. [The newly elected member of AdCom shall adopt all functions of the member being replaced, including being a NC representative, if required.] H. Term of Names Council and Administrative Committee The term of the Names Council and Administrative Committee representatives shall be one year. V. Sign up for Membership and Communication via Website and List A. Sign up for Membership The NCC 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. Membership will be by self-nomination based on disclosure. The NCC website will have a form which all prospective members will fill out, to include: the individual seeking to work with the NCC 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 NCC. As new organizations seek to enter the Constituency, they too will circulate the form to the other members via the NCC 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 NCC website, with a facility to search the forms by organization's name and representative's name. B. List The NCC shall have a listserv for members to introduce themselves and discuss constituency matters. C. Website and Listserv Host The Internet Society (ISOC) shall be the initial host of NCC website and list. Both shall be organized per the requirements of this Charter, and per the specifications that may arise from consensus of the NCC. The Administrative Committee shall have the authority to change the website and listserv host. 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. Endnote The issues set out in the Charter above are designed to take the NCC into its second year. We have not solved all problems and many important issues have been raised in this round of charter revisions. We hope that the next charter revision will look closely at the issue of alternates, the Administrative Committee, the role of the elected representatives, and the term of office. We leave these issues to the NCC as it grows and to the next charter, which we hope will be revised within the second year of this Constituency.