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Board Approves Bylaw Changes on ALAC's Certification of At-Large Structures

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ICANN's Board unanimously adopted a resolution
<http://www.icann.org/minutes/resolutions-04dec05.htm>

on 4 December 2005
which changed the bylaws to reduce the number of votes required to certify or
decertify groups as "At-Large Structures."

The At-Large Advisory Committee (ALAC) recommended that the Board amend
the bylaws to improve the process by which the ALAC certifies or decertifies
groups as "At-Large Structures". The ALAC proposed to reduce the number of
required votes of ALAC members for approval of applications for At-Large
Structure certification, as follows:

Existing bylaws:

Article XI, Section 2, paragraph 4(i):
"... Decisions to certify or decertify an At-Large Structure shall
require a 2/3 vote of all of the members of the ALAC and shall be
subject to review according to procedures established by the Board."

Replace with:

"Decisions to certify or decertify an At-Large Structure shall
require a 2/3 majority among all of the members of the ALAC who cast a
vote, provided at least nine members of the ALAC cast a vote according
to procedures adopted by the Committee. These decisions shall be subject
to review according to procedures established by the Board.

The bylaws which established the ALAC also established the process by
which groups would be designated as "At-Large Structures". After using
and attempting to improve this process for two years, and voting on 26
applications, the ALAC determined that a change was needed. The ALAC
found that the "super-majority" threshold for certification (2/3 of the
ALAC, which is 10 votes) was cumbersome and unnecessary and impeded
progress in building a network of user groups involved in ICANN
At-Large. The ALAC proposed the new voting requirement to achieve the
objective of ensuring groups comply with the At-Large Structure
criteria, as well as to expedite the ALAC's processing of applications.

Additional Background

Groups throughout the world that deal with individual Internet users'
interests are encouraged to register and participate in ICANN At-Large
by submitting a short application form. Groups that that meet the few
simple criteria listed on the ALAC website can be certified as 'At-Large
Structures'. Steps for 'At-Large Structure' certification are as follows:

  • A group reviews the criteria for an At-Large Structure (ALS) and, if it
    believes it meets the criteria, completes and submits an ALS application,
    which is posted on the ALAC website.
  • The ALAC conducts due diligence, checking the application and available
    information and performing necessary tasks in an effort to ensure that the
    criteria has been, or will be, met.
  • The ALAC reviews the application and related documentation.
  • The ALAC votes via email on certifying the applicant as an
    "At-Large Structure."
  • The ALAC notifies the applicant of its decision and posts ALS
    notices on its website.

Unfortunately, the ALAC found that it is not always feasible for fifteen
internationally distributed volunteers to vote on each application.
Recently, three applications did not receive the required 2/3 votes,
even though a majority of members voting supported the applications
(only one "no" vote was cast on one application). Reducing the required
number of votes as proposed by the ALAC, coupled with the ALAC's due
diligence to verify that applicants meet the At-Large Structure
criteria, will better enable the ICANN At-Large framework envisioned in
the bylaws to be created.