[ncc-charter] Revised Charter proposal

From: Dany Vandromme (vandrome@renater.fr)
Date: Mon Aug 28 2000 - 23:00:32 PDT

  • Next message: Adam Peake: "Re: [ncc-charter] Re: Charter revision"

    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).



    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
    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.
    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
    its merits.

    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
    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 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
    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 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

    G. Replacement

    Option 1
    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
    otherwise impeached.

    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.

    Option 2
    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.

    Option 1/2
    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
    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 organizationŐs name and
    representativeŐs name.

    B. List

    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

                                      | ENSAM
    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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