Could you insert the following text for the revised charter onto your
ncc-charter website for reviewing by the ncc-charter group and the adcom.
We should decide which option is to be kept (1 or 2 in IV-G), then post
the text for constituency comments.
I hope that this will be done by the end of the month (posting, comments
may take longer).
REVISED CHARTER TEXT
APPLICATION FOR INITIAL CHARTER OF THE NON-COMMERCIAL DOMAIN NAME HOLDERS
16 August 1999
Revision 28 August 2000
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
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.
Political organizations that are non-governmental are eligible for voting
status. A political organization shall be considered "non-governmental" if
its primary purpose is to influence governmental or public policy, but not
to hold governmental offices or to elect government officials. Ineligible
political organizations are those whose primary purpose is to hold
government offices and/or elect government officials. In unclear or
borderline cases, the voting status of a political organization will be
decided by the constituency membership after review of the application on
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.
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
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 NCDNHC Administrative
Committee member and 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 NCDNHC Administrative Committee member and Names
- 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 NCDNHC Administrative Committee member and
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
as the fourth NCDNHC Administrative Committee member.
- 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 as
the fifth NCDNHC Administrative Committee member.
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 Administrative
Committee members and 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. Duration of mandate
Following the initial mandate period, all elected Administrative Committee
members will be elected for a two year term
Each candidate may select a "running mate" that will replace him/her in
case of resignation or impeachment. The replacement must be from the same
region and must be the NCDNHC representative of a member organization.
The name of the running mate is included on the ballot with the main
The replacement is not considered an Administrative Committee member/Names
Council member until or unless the elected candidate resigns or is
No new election is held until the original two-year term is finished, at
which point all five Administrative Committee member and Names Council
positions are elected at the same time.
If an Administrative Committee member or Names Council member resigns or
is impeached, the Administrative Committee member from a different region
who ranked fourth in votes in the original election replaces him/her
temporarily, until a new election is held. Such a new election should be
completed within two months of the resignation/impeachment.
In case of election for a Names Council position, the Administrative
Committee members who represent the two regions that were not represented
on the Names Council must run as candidates from that region. Other
members from regions already represented on the Administrative Committee
cannot run in this election.
Any number of candidates from the region not represented in the
Administrative Committee can run.
In case of election for a Names Council position, the candidate from one
of the three regions not already represented on the Names Council who gets
the largest vote total is the new Names Council representative.
The two candidates from the three regions not already included in the
Names Council with the 2nd and 3rd highest vote totals are Administrative
Committee members for those regions.
If a candidate chooses to run without "running mate", rules of option 2
applies in case of replacement.
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
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 organizationŐs name and
The NCDNHC shall have a listserv for members to introduce themselves and
discuss constituency matters.
End of Formal Proposal
Dany VANDROMME | Directeur du GIP RENATER
Reseau National de Telecommunications
pour la Technologie, l'Enseignement et la Recherche
Tel : +33 (0)1 53 94 20 30 | 151 Boulevard de l'Hopital
Fax : +33 (0)1 53 94 20 31 | 75013 Paris
E-mail: Dany.Vandromme@renater.fr | FRANCE
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