PAB charter

From: Kent Crispin (kent@songbird.com)
Date: Mon Feb 02 1998 - 02:47:53 PST


Only a few hours late, here is a copy of the draft charter that I
have seriously hacked. My apologies to Antony, in advance.

Please read it carefully -- I would like to do a consensus call on it
within the next couple of weeks. That call will be to bless it as a
charter, which means it is what we live with until we do
something better. So special attention might be paid to the section
on how the charter may be modified.

I am attaching a text version. It is a conversion of the html
document I actually prepared, which can be seen at
http://songbird.com/pab/dc.html (dc = draft charter. Unix, you know.)

I am pushing this because I have a hint that the GP authors may not
have really looked at PAB, and PAB can be seen as one of the strong
points of the MoU organization -- it is a body chartered to be
receptive to public input -- always a good selling point in politics.
So it would be good if we had our house in order.

This may seem like a lot to deal with in a short time. It *is* a lot
to deal with in a short time.

There is a 30 day window for comment on the GP, remember. You should
be thinking about your comments...

Here's the charter:

-----------------------------------------------------------
PAB CHARTER

1. Contents

    1. Contents
    
    2. Definitions
    
    3. PAB Role Under the gTLD-MoU
    
    4. PAB Mission
    
    5. PAB Deliberation and Debate
    
    6. PAB Officers
    
        1. Election of Officers, Their Eligibility and Terms of Office
    
        2. Removal of Officers
        
        3. Duties of Officers
    
    7. Modification of the PAB Charter
    
    8. Appendix 1: PAB Voting Mechanism

2. Definitions

    1. PAB: Policy Advisory Body, a body defined under the gTLD-MoU
    Structure
    
    2. POC: Policy Oversight Committee, a body defined under the
    gTLD-MoU Structure
    
    3. CORE: Council of Registrars, a body defined under the gTLD-MoU
    structure
    
    4. GTLD-MoU: generic Top-Level Domain Memorandum of Understanding
    
    5. PAB Member: an individual representative of a signatory of the
    gTLD-MoU that has elected participate in the PAB
    
    6. Active PAB Members: those PAB members who are subscribed to
    the PAB mailing list, and who therefore may vote using the
    mechanism referenced below
    
    7. PAB Representatives on POC: any PAB Member who is elected by
    the PAB Membership to serve on POC
    
    8. rough consensus: the model of direct democracy practiced by
    the IETF.

3. PAB Role Under the gTLD-MoU

    1. As defined by the gTLD-MoU (Section 5), the role of the PAB is
    to make recommendations to the POC regarding general policy
    matters, and to advise the POC with regard to changes in the
    gTLD-MoU and the CORE-MoU.

4. PAB Mission

    1. The Policy Advisory Body exists to represent the widest
    possible set of Internet stakeholders in the administration of the
    global Internet domain name system, as limited by the gTLD-MoU.
    The PAB actively solicits, debates, and where possible reaches
    consensual positions on how the global Internet domain system
    should be administered, and it reports its advice and
    recommendations to the POC.

    2. The PAB is a vehicle for bringing into the gTLD-MoU process
    those groups and organizations that are not otherwise represented
    within its framework, and is therefore a fertile ground for the
    introduction of new ideas, and for the inclusion of new interest
    groups.

    3. The PAB is furthermore a mechanism through which dissent
    against the existing gTLD-MoU structure can be expressed, and thus
    can be powerful catalyst for change.

    4. The PAB recognizes that the gTLD-MoU does not provide for
    oversight of the POC, and therefore the PAB has a special duty to
    give advice and make recommendations regarding the role and
    function of the POC.

    5. The PAB reserves to itself all powers not specifically
    prohibited by the gTLD-MoU.

5. PAB Deliberation, Debate, and Decisions

    1. The basic model for PAB as a deliberative body is that of
    rough consensus, as practiced by the IETF.

    2. All discussion and deliberation shall take place via an echoed
    email list, whose administration shall be entrusted to the
    Secretary of the PAB.

    3. An archive of the email list may, at the discretion of the
    Active PAB Membership, be made available to the public.

    4. There shall be no limitation on what a PAB Member may write on
    the PAB list; nor shall any censorship be imposed on PAB Members;
    and no PAB Member shall be removed from the list except at its own
    request. However, while content is not controlled in any way,
    quantity of submissions may be, if the list is overloaded. In
    such a case, all controls will be applied equally to all members.
    [For example, the list may be restricted to 5 posts a day per
    member, or 100KB/day per member, or some such equitable
    restriction.]

    5. On occasion formal elections may be held. All such elections
    shall be conducted using the PAB voting mechanism, described in a
    separate section. Generally, there are two classes of elections:
    "yes/no" elections for policy issues, and election of officers,
    though other classes are not ruled out. Policy elections are held
    on demand as part of a consensus process; officer elections are
    held according to different rules, described in the section on
    election of officers.

    6. In addition, straw polls may be called. Straw polls are not
    binding, and are generally held for information gathering
    purposes. Straw polls will not be further discussed; all further
    reference to elections or votes will refer to those involving the
    PAB voting mechanism.

    7. The PAB shall arrive at recommendations, advice, resolutions,
    internal policies, and other common positions by rough consensus
    methods, as follows:

        1. The Chair may attempt to determine a consensus concerning
        a given issue by announcing a Call for Consensus to the PAB
        list. The Chair must announce a Call for Consensus on a given
        issue if 10% or more PAB members request it of the Chair.

        2. After a reasonable period of debate, generally not less
        than one week and not more than one month, the Chair shall
        announce either that a preliminary consensus has been reached
        or that it has not been reached.

        3. If the Chair announces that a preliminary consensus has
        been reached, then following the Chair's announcement, a
        reasonable period, generally not less than one week, shall pass
        in order to allow dissenting views to be heard.

            1. If 10% or more of the Active PAB Membership dissents
            from the Chair's announcement of a preliminary consensus,
            the Chair shall have the option of either tabling the
            proposition or calling for an election on the preliminary
            consensus by informing the PAB list.

            2. If less than 10% of the Active PAB Membership dissents
            from the Chair's announcement of a preliminary consensus,
            the Chair shall announce that a final consensus has been
            reached, and the Chair shall, if appropriate, communicate
            the results to the POC. The Chair may further instruct
            the Secretary to add the results to the PAB web site, and
            also communicate the results to the public by whatever
            other method the Chair at its sole discretion may deem
            advisable.

            4. If the Chair announces that a preliminary consensus has
            not been reached, and the Chair does not decide to seek an
            election on the matter, it may continue to be debated on
            the PAB list, but the Chair may not be compelled to seek
            another consensus on the matter for three months. But if
            the Chair decides that with small modification a consensus
            could be reached on the matter, the Chair has an
            affirmative duty to find the correct compromise that will
            allow a consensus to be reached.

            5. In the event that the Chair announces that a
            preliminary consensus has not been reached, the Chair may
            determine, at the Chair's discretion, that the matter is
            important or timely enough that a definitive position by
            the PAB is required. Examples of such important or timely
            matters might be: a request from the POC for a
            recommendation, or a matter that is of clear and pressing
            importance. In such cases, the Chair may call for an
            election on the matter. The election shall be carried out
            using the PAB voting mechanism, and notice shall be given
            to all Active PAB Members at least one week before the
            election takes place.

                1. If 67% or more of the Voting PAB Members are in
                favor of the proposition being voted upon, the
                proposition shall have passed, and the Chair shall
                announce that a Consensus has been reached; otherwise,
                the proposition shall have failed, and the Chair shall
                announce that a Consensus has not been reached.

                2. In the event of an election, each PAB Member shall
                have one vote.

    8. An Annual General Meeting of the PAB may be called by the
    Chair, or by a consensus of the PAB by the usual methods. All
    decisions and elections must nonetheless be carried out on the PAB
    list. All PAB Members attending an Annual General Meeting must
    pay for their own expenses.

6. PAB Officers
    The PAB shall elect the following officers:
        1. Chair
        2. Deputy Chair
        3. Secretary
        4. Liaison to CORE
        5. PAB Representatives to POC
    These officers together comprise the PAB Executive Committee.

    2. Election of Officers, Their Eligibility and Terms of Office

        1. Any member of the PAB can nominate any other member of the
        PAB to be an Officer of the PAB, subject to the eligibility
        requirements noted below in this section, by posting a
        statement to that effect to the PAB list.

        2. Nominations must be seconded by another member of the PAB
        by posting a statement to that effect to the PAB list.

        3. Any person nominated to be a candidate for office in the
        PAB must accept the nomination by posting a statement to that
        effect to the PAB list.

        4. Any candidate who has accepted a nomination to be an
        officer of the PAB must declare his or her qualifications for
        the office in question, and to make known to the PAB
        membership any conflict of interest that he or she is aware
        of, by posting a statement to that effect to the PAB list.
        Candidates are encouraged to take a broad view of what might
        constitute a conflict of interest. Failure to declare a
        conflict of interest is prima facie evidence of bad faith on
        the part of the candidate.

        5. No candidate who is a member of PAB shall be excluded from
        office in the PAB, except as noted below in this section.

        6. Officers are to be elected using the PAB voting mechanism
        via the PAB email list.

        7. The terms of all officers are to be one year from the date
        of their election.

        8. Any PAB member is eligible to be an Officer of PAB,
        except:

            1. Members of the PAB who have signed the CORE-MoU, or
            whose employer has signed the CORE-MoU.

            2. Members of the PAB who are also members of POC, unless
            they have been elected to the POC by the PAB.

            3. Members of the PAB who are employed by organizations
            which are members of CORE

            4. Members of the PAB who are employed by organizations
            which have the power to appoint or elect members of POC,
            the PAB itself excepted.

            5. Members of the PAB who hold any executive position in
            any organization, the PAB itself excepted, which has the
            power to appoint or elect members of POC.

        9. The Chair, Deputy Chair, and Secretary must be elected by
        more than 50% of the PAB Members who vote. In the event that
        no candidate reaches more than 50%, the two candidates
        receiving the most votes will meet each other in a run-off
        election. If the run-off election results in a tie, the
        chairman of the POC may cast 1 vote to determine the winner.

    3. Removal of Officers

        1. The power to remove Officers of the PAB is reserved to the
        Membership of the PAB. If 25% of the Active PAB Members
        support a resolution to remove an Officer, the Chair (or, if
        the Active Members wish to remove the Chair, the Deputy Chair)
        shall call an election on the issue, to be conducted via the
        PAB Email list using the voting rules and procedures used for
        all elections except the election of officers.

    4. Duties of Officers

        1. The duties of the Chair shall be as follows:

            1. To attempt to discern consensus among the PAB, and to
            call for consensus, and declare a consensus to have been
            reached, according to the methods described in
            "Deliberation and Debate" above.

            2. To make periodic reports, not less than one month
            apart, to the PAB Membership via the PAB list. The
            Chair's reports must be comprehensive, and must include
            summary results of all actions undertaken by the Chair on
            behalf of PAB, and summary results of all interactions
            with the POC.

            3. To make or cause to have made public statements, press
            releases, and the like.

            4. In the event that the POC requests PAB's
            recommendation or advice, the Chair must consult with the
            membership immediately. If the POC requires a reply
            before the PAB can reach a consensus, the Chair may
            communicate his best guess of the PAB's recommendation or
            advise to the POC, but in such a case the Chair must
            communicate to the POC that PAB's recommendation is
            entirely provisional pending ratification by the
            Membership.

        2. The duties of the Deputy Chair shall be as follows:

            1. To assume the function of the Chair temporarily in the
            event that the Chair is indisposed or unavailable, or, in
            the case where the Chair has been removed or has resigned,
            until new elections have been held.

            2. To assume the function of the Chair regarding any
            measure by the Membership to remove the Chair.

            3. To perform any duties of the Chair that the Chair may
            from time to time delegate to the Deputy Chair.

        3. The duties of the Secretary shall be as follows:

            1. To maintain the PAB website. The website will include
            such information as follows:

                * A list of all PAB members

                * A list of the Active PAB Members

                * A list of the PAB officers

                * The text of PAB resolutions

                * A record of the votes in elections, whether for
                officers or for other matters

                * PAB recommendations and advice to the POC, and
                responses by the POC as reported by the Chair

                * An archive of PAB email.

            2. To maintain a copy of this charter, and any subsequent
            amendments.

            3. To administer and maintain the echoed email list that
            the PAB uses to deliberate amongst itself, and any archive
            of the list that the PAB Membership shall decide to keep

            4. To administer and maintain the echoed email list that
            the PAB Executive Committee uses to deliberate amongst
            itself, and to maintain an archive of this list.

            5. To maintain a complete list of PAB Members and their
            designated email addresses, and to respond to PAB Members'
            requests to modify their designated email addresses, or to
            subscribe or unsubscribe themselves from the PAB list.

        4. The duty of the CORE Liaison shall be as follows:

            1. To inform the PAB Executive Committee of developments
            within CORE

7. Modification of the PAB Charter

    1. This Charter can be modified only by the Membership of the
    PAB, and by no other body, via the usual methods the PAB employs
    to determine consensus.

Appendix 1: PAB Voting Mechanism

PAB strives to reach rough consensus on an issue before making any
recommendation to the POC or taking any other action. At one time or
another it will become apparent that there is no consensus on a
particular issue and the Chairman will declare that the issue will be
put to a vote.

A draft ballot will be prepared by the Secretary and forwarded to the
vote taker.

The vote taker prepares the final ballot, editing only for consistent
wording and compatibility with the voting software.

Prepared ballots are mailed to the voting contact of all PAB members
four times at X day intervals. Using X=3 and having 4 days after the
mailing of the final ballot gives a two-week voting period.

(The voting contact is defined as the first, of possibly several,
e-mail address an organization has subscribed to the PAB list.)

Votes are cast by Replying to the ballot e-mail and indicating their
choice from the various options available.

When a completed ballot is received by the vote taker an
acknowledgement is returned to the voter. The completed ballot is
added to an archive message store established for this one vote and
the vote is also parsed and a voting database updated to reflect the
ballot.

If a ballot is deemed unacceptable for any reason it is returned to
the sender with an explanation. (In our first vote the only errors
encountered were votes from non-voting contacts (these were all
resolved) and ballots received after the close of the voting period.)

Please note that all decisions are built into the voting software, no
allowances are made for any reason.

A voting member may submit multiple ballots, the last ballot received
is the only one counted.

At the end of the voting period the results are tabulated and an
e-mail containing the results is sent to the list. Web pages
containing the results are generated at the same time. See
www.pab.gtld-mou.org/votes/index.html

As you can see the ballots are completely open once the voting period
has ended. This allows everyone to verify that their vote was counted
as cast. Members may only protest their own ballot. In the event of
a protest, the original ballots complete with full headers are
available for audit

The voting software was prepared by Dan Busarow.

-------------------------------------------------------------

-- 
Kent Crispin, PAB Chair			"No reason to get excited",
kent@songbird.com			the thief he kindly spoke...
PGP fingerprint:   B1 8B 72 ED 55 21 5E 44  61 F4 58 0F 72 10 65 55
http://songbird.com/kent/pgp_key.html



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