Motion to accept Re: PAB charter

J. William Semich (bsemich@users.org)
Wed, 4 Feb 98 07:51:00 EST5EST


I have read this thoroughly and it is exactly what we need. If there are
any small problems with it, I think we should modify it down the road.
There's little time for doing much else, IMHO.

I move that we accept this charter as it stands (unchanged) and I call
for a vote.

Is there a second?

Assuming this is the appropriate process. If not, tell me what is and
I'll modify my motion <smile>

Let's get moving!

Regards,

Bill Semich
Internet Users Society

In reply to 2 Feb message from Kent Crispin <kent@songbird.com>:

>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

Bill Semich
General Manager
The .NU Domain
bsemich@mail.nu
http://www.nunames.nu
".NU - The un.com(mon) domain"