[ncc-charter] Re: NCDNHC revised charter (fwd)

From: Dany Vandromme (vandrome@renater.fr)
Date: Mon Sep 25 2000 - 23:03:40 PDT

Please find enclosed the ascii version of the revised charter, that Louis
asked for, because an attachment problem in my previous mail.



                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

---------- Forwarded message ----------
Date: Tue, 26 Sep 2000 07:36:56 +0200 (CEST)
From: Dany Vandromme <vandrome@renater.fr>
To: Louis Touton <touton@icann.org>
Cc: NCDNHC Administrative Committee -- Milton Mueller <mueller@syr.edu>,
     rita.mensah@renater.fr, vandrome@renater.fr, Vany Martinez <ceo@vany.org>,
     YJ Park <yjpark@aptld.org>, Zakaria AMAR <zakaria@univ-nkc.mr>,
     ncc-chartee@joy.songbird.com, mclaughlin@pobox.com
Subject: Re: NCDNHC revised charter

Rather than playing with attached document, here is the plain ascii:



31st Jan 2000
Revision 28 August 2000
Revision 10 September 2000:
Clean-up for posting September 21st, 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 are 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.

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

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 specifically excludes commercial
entities and associations of or for the benefit of commercial
entities (even if they are non-commercial in form), and also
excludes organizations which use the Internet primarily for
commercial activity, even if their other activities are

The NCDNHC will have two types of membership, voting members and
non-voting members.

Associations or organizations whose specific goals are to represent
the interests of registries, registrars or ISPs or those whose
specific interests are to defend the Intellectual Property rights of
their associates cannot have full member status but may participate
as non-voting members.

Non-voting members can participate in Constituency discussion lists,
propose and discuss resolutions and participate in all physical
meetings. Non-voting members have no voting rights in the
constituency and its processes and cannot participate in
constituency Adcom teleconference calls except by
consent of the Adcom.

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.

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.

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 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 (AdCom). 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 AdCom members
shall be citizens of the same geographic area, as defined in the ICANN
bylaws, (ii) no two AdCom members shall represent the same organization,
and (iii) no single AdCom member shall represent more than one
organizational member of the NCC.

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

  - the person with the most votes is the First AdCom member, and a
  Names Council Representative.

  - the person with the second highest number of votes -- from a
  different geographic region than the first AdCom member -- is elected
  as the Second AdCom member, and a Names Council Representative.

  - the person with the third highest number of votes -- from a
  different geographic region than the first and second AdCom members --
  is elected as the Third AdCom member, and a Names Council

  - the person with the fourth highest number of votes -- from a
  different geographic region than the first three AdCom members -- is
  elected to the AdCom

  - the person with the fifth highest number of votes -- from a
  different geographic region than the first four AdCom members is also
  elected to the AdCom.

D. Membership Required To Run; Nominations Require a Second

To run for the AdCom, 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

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. Term of Names Council and Administrative Council

The term of the Names Council and Administrative Council
representatives shall be one year.

G. Replacement

If an Administrative Committee member or Names Council member resigns or
is impeached, [NOTE: no process for impeachment] 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.

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.

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. Website and Listserv Host

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.

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.



                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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