Re: [ga] Registrants Petition

[Joop Teernstra <terastra@xxxxxxxxxxxxxx>]

Use it as you see fit. For DNSO read GNSO.

Joop

(third draft) 6 September, 2001


proposed


INDIVIDUALS' CONSTITUENCY CHARTER

(Individual Registrants)

1. Purpose and mission.

To effect and ensure the recognition, representation, and input of 
Individual Registrants of Domain Names as bona fide stake holders in the Domain 
Name System (DNS), through an established and direct voice in all ICANN policy 
formulation bodies and functions.


2. Proposed names:

The Individual Registrants' Constituency or the Individuals' Constituency (IRC 
or IC ), (subject to members' vote).

3. Constituency principles:

Transparency and accountability to the members. 
One individual, one vote.

Constituency Membership criteria

4.1. IC constituency membership is open to any person who is an individual 
domain name holder
4.2 An Individual Domain Name Holder is any person who can demonstrate
a level of control over a specified second-level (or third or fourth level)
domain name registered with an authorized registry or registrar that a
reasonable person would conclude grants the individual person the exclusive
legal right to exploit the specified domain name worldwide subject to
applicable laws.

Examples of items that may be submitted in support of an application include 
but are not limited to 
(i) evidence of applicants name on domain contact information
(ii) evidence of applicant's funds used to pay registration fees, if any
(iii) evidence that the applicant may cause the domain name to be relinquished
(iv) evidence that the applicant is the beneficial holder of any domain name 
that is registered or operated by a third party
(v) Where the applicant does not hold direct control over the domain name, 
written evidence must be provided that the controlling party is acting on 
instructions of the beneficial holder and that such instructions may be 
withdrawn at the applicant's sole discretion.

4.3 An individual shall not be entitled to more than one membership of the IC.
4.4 Where there are more than joint holders of a single domain, that domain 
would not meet criteria for membership. 
4.5 No single domain name may be used to support membership of more than one 
individual. 
4.6 The domain name used to meet criteria for membership shall not be a top 
level domain name or a reserved second level Domain name in registries where 
this level is not open for individual registration. 
4.7. Membership is subject to approval by an elected Membership Committee, 
which, if such is warranted, examines the totality of the facts.

Domain, Web site, Mailing Lists

The Constituency shall have a Domain, a website, a web based Polling System, a 
discussion list ( the List Assembly), and an announce list all under control of 
duly elected officers.

"Bootstrap" Committee

In order to function as a representative mechanism of the Individuals who have 
joined the Constituency as members, the core of the Constituency must be an 
elected Committee on Elections.
(This core Committee is best bootstrapped from outside the Constituency and the 
Names Council is requested to appoint the DNSO Secretariat to organize and 
oversee the election of the first IC Committee on Elections.)


Nominations for office

5.1. Any member can nominate any other member as a candidate for any elective, 
appointive, or nominative office of the IC.

5.2 Nominations can only be made by posting to the open discussion list under 
unique and reserved headers. Nominations for elective office will be closed 21 
calendar days prior to a scheduled election, unless this period is extended by 
the Committee on Elections.

5.2. The candidate must accept the nomination by posting acceptance
to the open discussion list and for elective office not later than 14 calendar 
days prior to a scheduled election.

5.3. Self-nomination is not permitted.

5.4 In order to be placed on the candidate list, all nominations must
also secure a seconding vote from a member, which must be posted on the open 
discussion list and on the web site.


Conflicts of Interest

5.6 All candidates for elective office, in particular those who qualify
for a seat on the Names Council, must declare their relevant interests, for 
determination of possible conflicts of interest. No elected officer shall vote 
on any matter in which he or she has a material and direct interest that will 
be affected by the outcome of the vote.

Voting for Officers and Representatives

6. Election Procedures and Voting Rights

6.1 Responsibility for election scheduling, procedures and polling booth 
administration will rest with a 3 member Committee on Elections, directly 
elected by the Membership. The term of office of the Committee on Elections 
members is 24 months.

Responsibilities of the Committee on Elections.

6.2.1.The Committee on Elections will elect an executive Polling Officer
from their number. The executive Polling Officer is responsible for the 
administration of the Polling Booth but all decision making will be joint. All 
correspondence with the voters will be copied to all members of the Committee 
on Elections.


6.2.2 The Committee on Elections will be responsible for formulating
the questions to be asked .

It will be responsible:

6.2.3 To publish, on the announce-list , the list of positions
open for election, and date and duration of the election.


6.2.4 To collate, validate, and publish on the announce-list ,
the list of candidates, in alphabetical order, not less than 5 calendar days 
prior to the opening of voting.

6.2.5 To assist nominated candidates for election with publishing a photograph, 
bio-sketch or statements of position on the IC web site at a reasonable time 
prior to opening of voting.

6.2.6 To validate, collate, and publish on the announce-list ,
the results of the election.

6.3 In all voting procedures all members will vote as individuals, with
equal voting rights for all individuals.

6.4 Owning more than one domain name will not give rights to multiple
votes per individual member.

6.5 Voting will take place on-line only.

6.5.1 For each vote the Executive Committee, liaising with the
Committee on Elections, decides which voting options will be the most 
appropriate and will direct the Committee on Elections to clarify the options 
to all voters.


7. Elected Representatives.

7.1. In any election, a candidate will be elected by gaining the greatest
number of preference votes from the members.

7.1.1. In the event of a tie between 2 or more candidates, the members will 
re-vote to express their preference among the tied candidates.

7.1.2 A member can hold unbroken elected office not to exceed four
years after which there is a mandatory stand down of at least 1 year before 
eligibility for re-election.

7.1.3 All official votes results will be recorded on the constituency website.


Executive Committee


7.2 An Executive Committee will be elected of seven members. The List-Chair 
(elected as in Article 8 and subsections) will be a de facto member of the 
Executive Committee.

7.2.1 Insofar as possible the nominations to the positions on the
Executive Committee will represent the geographic diversity of the membership 
in accordance with the 6 global regions determined by the ICANN bylaws. Either 
residence, domicile, citizenship or the jurisdiction of domain registration may 
be used to determine fulfilment of ICANN's geographic diversity criteria.
In case more than one elected candidate is from the same region, the next 
candidate that fulfils both the voter preference and the geographic diversity 
requirement will be selected for the Executive Committee seat.

7.2.2 For all internal voting procedures the Executive Committee must
form a quorum of 4 elected members for a valid vote to take place. 
All votes will be posted to the executive Polling officer.

7.2.3 Members of the Executive Committee will initially hold office for 12
months. 
7.2.4.The term of office may be extended to 24 months when at least 1000 voters 
have participated in the election of those officers.


7.2.5. The Executive Committee shall annually elect from their number
a Chairperson and a Secretary and/or other such officers as required. The 
List-Chair will not be eligible for an officer position in the Executive 
Committee.

Role of the Executive Committee

7.2.4 The duties of the Executive Committee are:

- ensuring the Articles in this Charter are duly complied with

- maintaining an open discourse with the membership and enabling membership 
participation through the open discussion list , Standing Committees and 
WorkingGroups

- managing the overall policy of IC within the framework set
out in the Articles and subsections of this Charter

- selecting and nominating the candidates for the Names Council seats
as in Article 7.3

- managing the overall policy presented by the Names Council representatives 
within the framework set out in the Articles

- appointing the various spokespersons needed to promote the IRC as in Article 
7.4

- nominating officers for election to the Membership Committee
as Article 4.8

- liaising with the Membership Committee and the Committee on Elections
within the jurisdiction of each of the Committees as laid out in the various 
Articles of this Charter

- creating permanent Standing Committees and Working Groups when
needed and appointing volunteers from the membership to work on those 
committees as Article 7.2.5

- continuing to increase the visibility of the IC particularly
with reference to outreach to new members

- managing the resources of the IC, human and material, publishing the 
financial details as laid out in the financial Articles and subsections

- ensuring that appropriate lists are created for the working groups
and committees.

Standing Committees and Working Groups

7.2.5. The Executive Committee will create permanent Standing Committees and ad 
hoc Working Groups that will be comprised of at least one Executive Committee 
member and other volunteer members. Membership of these SCs and WGs will be 
open to all members of the Association. Permanent Standing committees and 
Working Groups will generally be responsible for their own internal structure, 
but must elect for themselves a convenor at a minimum and any other officers 
that may be needed. The convenor will be charged with reporting back from the 
standing committee or Working Group.


DNSO Names Council

7.3 Three seats are available for NC positions as noted in Article
2.1

The Executive Committee will supply the membership with at least six
nominations for Names Council candidates.

7.3.1 The highest number of votes qualifies the candidates for Names
Council seats whilst as far as possible the elected candidates for a seat on 
the Names Council will reflect the geographic diversity of the membership in 
accordance with the 6 global regions determined by the ICANN bylaws.

7.3.2 In case more than one elected candidate is from the same
region, the next candidate that fulfils both the voter preference and the 
geographic diversity requirement will be selected for the Names Council seat.

7.3.3 Either residence, domicile, citizenship or the jurisdiction
of domain registration may be used to determine fulfilment of ICANN's 
geographic diversity criteria.

7.3.4 Names Council candidates who have been eliminated solely due
to the geographic diversity requirement, may automatically fill a Names Council 
seat in case it becomes vacant.

Spokesperson(s)

7.4. One or more spokesperson(s) will be appointed by the Executive
Committee as and when needed.


The IC List General Assembly

8. The IRC discuss-list shall be a General Assembly. Membership of the list 
shall be by voluntary subscription of voting members. Non-members shall have 
access to the list Archives.

8.1 Members may subscribe and unsubscribe from the discuss-list as they please 
but all elected persons must remain subscribed. Unless cogent reasons are 
presented to the membership, unsubscription will be regarded as resignation 
from the elected position.


Unelected Members who unsubscribe from the discuss list cease to be List 
General Assembly voters, but retain their members' voting rights.


8.1.1 Members of the IC must remain subscribed to the announce-list in order 
that there may be a ready channel for information to be passed to them.
Unsubscription from the announce-list will be regarded as resignation of 
membership from IC.

LIST CHAIR

8.3 The IC discuss-listmembers will elect from among their
number a Chair. The term of office for the list Chair shall be the same as for 
other elected positions within the IC. The List-Chair will be a de facto member 
of the Executive Committee but not subject to, nor influence, the Geographic 
diversity requirements of the other Executive Committee Members.


8.3.1 The Chair shall facilitate the discussion on the list so
that initiatives in the form of motions from listmembers can be processed in an 
orderly fashion for decision by list-resolution.

8.3.2 The listmembers can recall the Chair when 10 or more
listmembers call for a new election within a 7 day period. In such an event the 
Chair must step aside until the vote has taken place. All time-clocks on all 
motions, amendments etc will be stopped at the formal declaration of a vote. As 
the Chair will technically not be available for conducting the vote, the 
Committee on Elections will replace the Chair's role in formally calling the 
vote and setting the voting period.

List Motions

8.4 Members may make motions to the list. For a motion to be
acknowledged by the Chair the motion must receive at least one supporting 
second.

8.4.1 Amendments to a motion may be moved by any member within the List Motion 
time frame above. Amendments must receive at least one supporting second to be 
acknowledged by the Chair. Once an amendment is acknowledged by the Chair the 
clock is stopped on the motion and the original motion must pass to a list 
vote. If the motion fails to pass in the list vote the amendment also 
automatically fails. If the motion passes on the list vote the amendment is 
then also subject to a list vote. If the amendment passes the list vote the 
originating motion will then be modified in terms of the amendment.


8.4.2 Members may post an opposition to a motion at any time up to the 5 day 
limit of formal acknowledgement noted above. If two or more members post a call 
for a list vote then the clock on the motion is stopped and the motion is then 
subject to a list vote.

List votes

8.5 Votes will be taken on the list itself, when called for as in
Article 8.4.2 above or when an amendment is acknowledged by the Chair. The 
Chair shall then formalise the vote by posting to the list the start-time of 
the vote and if necessary the close-time of the vote, with details of the topic 
under vote.
In the absence of the Chair the Polling officer is responsible
for posting the start and close-time of the vote.

8.5.1 The list membership shall be frozen at the point of a valid call for a 
list vote. The listmembers current at the point of call for a
list vote will be the only ones permitted to be involved on a topic under such 
vote until the conclusion of the whole process up to and including the 
possibility of a membership wide vote on the matter as detailed below.


8.5.2. As soon as the list voters' roll is frozen, the Committee on Elections
will publish the voters' names to the list.

8.6. No list vote will be deemed closed until at least 72 hours
after the list Chair has declared it under way.

8.6.1 A full membership wide vote in the Polling Booth may be
called, on any motion, by five or more members. The call for such a vote can 
take place at any time up to 72 hours after a motion has been declared carried 
by the Chair, either under the consensus rule or by list vote. When such a call 
is made the membership of IRC will be frozen and no new members joining the IC 
will be permitted to vote on the topic. The Committee on Elections will then be 
charged with publishing the vote call on the announce-list.

Responsibilities of the IC discuss-list Chair.

8.7.1 The Chair shall ensure that the conduct of discussions is of
a high standard in keeping with published IC list rules and with
exemplary politeness, goodwill, firmness when necessary and common-sense at all 
times.
The Chair can request a member to restrain themselves in the content of their 
postings, if such postings fall outside of the list rules. The Chair may refer 
the postings from a listmember to the full Executive Committee or to a vote if 
the listmember refuses to accept the Chair's rulings on the matter.

8.7.1.1 The Chair may call for a list vote for the suspension of a
list member from participation on the list for a period of up to 14 days. Such 
a vote must have a majority in favour of suspension. In the event that a member 
continues to abuse his position on the list such that the Chair calls for a 
second time for a vote for suspension, each following vote for removal will 
extend the period of disbarment with twice the length of the previous one.

The rules for freezing listmembership in the event of such votes being
called will be those as under Article 8.5.1 above, with the added proviso that
the listmembers entitled to vote in the first of such votes will be the only 
ones permitted to vote in the second and subsequent ballots.

8.7.2 The Chair ensures that list votes are conducted correctly.
The Chair designates reserved subject lines for each vote. The Chair declares 
the start-time (and when necessary close-time) of the list vote. All times will 
be declared in GMT.

8.7.3 On Motions and Amendments the Chair ensures :

8.7.3.0 that motions and amendments (if any) are managed clearly, with correct 
priority.

8.7.3.1 To track the time-lines on each motion and amendment.

8.7.3.2 To publish to the discuss-list a listing of topics under
formal acknowledgement from the Chair.

8.7.3.3 To post to the discuss-list clear declarations on the
success or failure of all motions and amendments, whether by consensus or by 
list vote.

8.7.3.4 To post the modified text of a motion to the list in the
event of a successful amendment being carried.


THE IC WEB-SITE

9. The IC will maintain a web-site. The Web-site will contain, at a minimum, a 
publicly accessible Home page with links to other areas of the site including 
this Charter, the Polling Booth, a Members' only area where links to archived 
material required in these Articles are kept.

9.1 The Webmaster is either a member of the Committee on Elections or 
co-ordinates closely with them.

9.1.1 The Webmaster will ensure that the site is kept current.

9.1.2 The Webmaster will assist the candidates for elective office to
post their pictures and all relevant details to the correct area of the site as 
required in Article 6.2.5.

9.2 All other material posted to the website must be cleared with the
Executive Committee, or in the event of discuss-list requests, with the 
List-Chair.
Neither the Webmaster or other members of the Committee on Elections shall have 
discretion as to relevant material to be posted to the site.


Finances

10. Under discussion .

No Incorporation

11. The IC will be a part of the DNSO of ICANN and will not be incorporated. 
Funding generated by way of services provided by commercial entities to 
members, will contribute to the funding of the DNSO. (to be worked out!!!)

Factions and Parties

11.1 .The members are free to form political parties within the IC that may be 
incorporated in any jurisdiction of their choice.
11.2 The bylaws that govern Parties of the Constituency must incorporate at the 
very least the Mission Statement of the Constituency itself and the principles 
of transparency and accountability.

11.3 The Executive Committee is the final arbiter to judge whether prospective 
Parties fulfil the minimum criteria to be accepted as Parties.


CHARTER CHANGES

12. Any member may propose an amendment or addition to this
Charter.

12.1. The proposal for change is to be posted to the open
discussion list to allow for debate on the issue/s.

12.2.Should there be a perceived need for the modification a
minimum of 10 members must request a vote to be held.

12.3. While membership remains below 250 a simple majority of the voting 
members will suffice for a Charter Change. Thereafter a qualified majority of 
67% of the voting members will be required for ratification of changes.


Adhesion

The undersigned, broadly in agreement with the provisions of this Constitution, 
join the drafters in their PETITION to the Board that constituency status will 
be granted to a Constituency of Individual Registrants by the above Name and 
with approximately the following formation rules:


2.2. The Undersigned are requesting the ICANN board to approve membership of 
the DNSO in accordance with the provisions of the ICANN Bylaws and allow it to 
contribute 3 elected representatives from among its members to the Names 
Council of the DNSO.

3. They also request the ICANN Board, to specifically assign to the NC task 
force for the IDNH topic that the following principles be enshrined in the 
Individuals' Constituency as a means of maintaining legitimacy in 
representation: transparency and accountability in all the Constituency's 
activities and representations.


List of Names