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<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Denise:<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Thanks for the effort to compile some
information about the changes underway in the GNSO.<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Unfortunately, there seems to be a rather
large disconnect between what the staff has produced and what ICANN’s
actual GNSO participants are discussing and doing. To help your staff get more in
touch with bottom-up developments, I’ve prepared this note. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Virtually everyone involved in the
discussions of new stakeholder groups has figured out that it is not viable for
the formation of constituency groups to be tied to GNSO Council seats. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Let me explain in very simple terms why
this must be so. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>The commercial and noncommercial
stakeholder groups each get 6 seats on the user side of the Council. If adding
a constituency means allocating a certain number of those fixed seats to the
new constituency, then every time you add a constituency, the members of each
existing constituency lose voting power. This makes the whole process into a
zero-sum game, a power struggle. This is unnecessary and unproductive. And it
is not difficult to imagine a situation in which you end up with 7 or 8
constituencies, and there are only 6 Council seats. What happens then?<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>Also, organizing things this way raises important
questions about the relative size of constituencies. Should a constituency
with, say 10 member organizations or individuals get the same number of Council
seats as one with 20 or 30? How will the Board know about the relative size of
each constituency, especially as it changes over time? <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>The overall effect of your approach,
whether intended or not, is just to encourage splinter groups to form. Rather
than encouraging more people and organizations to get involved in GNSO, it rewards
existing participants to game the system by splitting off and forming new
constituencies. And if you look at which groups are talking about forming new
constituencies, that is exactly what you see: existing participants splintering
off, no new participants. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>It would be easier to have SG’s as a
whole elect the seats. That is what the NCSG plans to do. That gives new
constituencies an incentive to bring in NEW organizations and participants, so
that they can get more votes.<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><br>
GNSO participants from a wide variety of perspectives – registrars, commercial,
noncommercial -- have been discussing this for 2 months now, and I don’t
know of a single person who supports the view that Council seats should be tied
to constituency recognition any more. And yet the forms you have prepared here
seem to assume that they are. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>More troublesome, either the staff or the
Board – I don’t know which – seems to be assuming that we
need to be handed a top-down solution. That is really not very helpful at the
current moment. It would be better for the Board to allow the nascent
Stakeholder Groups to work out, among themselves, how to organize the
transition to the new structure, and to put their proposals before the Board
for approval or disapproval. <o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>We will all be in <st1:City w:st="on"><st1:place
w:st="on">Cairo</st1:place></st1:City>. We have joint user meetings to discuss
this. I look forward to your participation then.<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'>--MM<o:p></o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
<p class=MsoNormal><font size=2 color=navy face=Arial><span style='font-size:
10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p>
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<p class=MsoNormal><b><font size=2 face=Tahoma><span style='font-size:10.0pt;
font-family:Tahoma;font-weight:bold'>From:</span></font></b><font size=2
face=Tahoma><span style='font-size:10.0pt;font-family:Tahoma'>
owner-liaison6c@gnso.icann.org [mailto:owner-liaison6c@gnso.icann.org] <b><span
style='font-weight:bold'>On Behalf Of </span></b>Denise Michel<br>
<b><span style='font-weight:bold'>Sent:</span></b> Wednesday, October 15, 2008
5:02 PM<br>
<b><span style='font-weight:bold'>To:</span></b> council@gnso.icann.org;
liaison6c; Cheryl Langdon-Orr; Janis Karklins; Alan Greenberg; Bertrand de La
Chapelle<br>
<b><span style='font-weight:bold'>Subject:</span></b> [liaison6c] Follow-up on
GNSO Restructuring/Improvements</span></font><o:p></o:p></p>
</div>
<p class=MsoNormal><font size=3 face="Times New Roman"><span style='font-size:
12.0pt'><o:p> </o:p></span></font></p>
<div>
<p class=MsoNormal style='margin-bottom:12.0pt'><font size=3
face="Times New Roman"><span style='font-size:12.0pt'>Dear Community Members:<br>
<br>
In advance of the 16 Oct. GNSO Council meeting, I wanted to provide everyone
with the follow-up action items from the Board's most recent draft GNSO
Restructuring Resolution (see draft resolution below and at <<a
href="http://www.icann.org/en/minutes/prelim-report-01oct08.htm">http://www.icann.org/en/minutes/prelim-report-01oct08.htm</a>>).
I'd be happy to elaborate on these during the Council call, or feel free to
email questions to <<a href="mailto:policy-staff@icann.org">policy-staff@icann.org</a>>.<br>
<br>
1) COUNCIL CHAIR -- The Board adopted the WG-GCR recommendation that the GNSO
Council Chair be elected by a vote of 60% of both voting houses and each voting
house has the flexibility to create a process for selecting its own Vice Chair.
To address questions on whether a "back-up" process was needed in the
event that a vote did not yield a Chair, the Board decided to ask the Council
to consider this matter. "The Board directs the Council to develop a
process for subsequent balloting, if needed, until a Council Chair is duly
elected. This process should be developed before the first Chair election of
the newly structured Council." <br>
<br>
*ACTION: As the Council moves forward with GNSO Improvements
implementation, this should be addressed and provided to the Board.<br>
<br>
2) BOARD SEATS -- "The Board and General Counsel have outstanding
questions about the WG-GCR recommendations regarding Board seat elections and
directs Staff to share these with the community and seek additional
input." <br>
<br>
*ACTION: Staff will post outstanding questions and solicit input shortly.
<br>
<br>
3) VOTING THRESHOLDS -- The Board adopted all voting thresholds proposed by the
WG-GCR Report. Concerns that implementation of GNSO Improvements (e.g. new PDP,
working group model, etc) might necessitate additions to, or clarifications of,
thresholds, the Board requested that "the GNSO develop any additional
voting thresholds or categories that may be needed as part of its proposed GNSO
Improvements Implementation Plan to be submitted to the Board for
approval." (Note: this draft wording likely will be changed to avoid
confusion; the Board expects to receive an overall plan for implementing
restructuring; this is separate from the GNSO's effort to create a structure of
committees and teams to start the GNSO Improvements implementation work.)<br>
<br>
*ACTION: As the Council moves forward with GNSO Improvements
implementation, this should be addressed and, if changes or additions are
deemed necessary, they should be provided to the Board.<br>
<br>
4) NEW/EXISTING CONSTITUENCIES -- The Board acknowledged Staff development of a
"Notice of Intent" document for potential new constituencies (*see
attached) and directed Staff "to develop a formal petition and charter
template that will assist applicants in satisfying the formative criteria
(consistent with the ICANN Bylaws) to facilitate the Board's evaluation of
petitions to form new constituencies. Staff also is directed to work with the
existing GNSO constituencies to design and develop a streamlined process along
with appropriate mechanisms that will assist with the Board's timely
recognition and approval of existing constituencies".<br>
<br>
*ACTION: Attached is a "Notice of Intent" to solicit and
publicly share information on entities interested in forming new
constituencies, along with a proposed petition and charter template.
Staff would appreciate receiving any input you may have by 28 Oct. Staff
also is developing for your consideration a draft template for constituencies
to use to enable the Board to "renew" constituencies. Since
this is a new endeavor, Staff is offering a draft as a starting point for
discussion. Staff will collect and share input with the community during
the Cairo ICANN meeting. <br>
<br>
5) STAKEHOLDER GROUPS — The Board "reinforced its support for the
following principles pertaining to the formation of the new Stakeholder Groups,
and requests that all constituency members and other relevant parties comply
with the principles included in the BGC Working Group's GNSO Improvements
Report approved by the Board in establishing the newly formed structures,
including: the need to better represent the wide variety of groups and
individuals that compose the global ICANN community, in a structure that can
change more easily with the gTLD environment and stakeholders; and the
inclusion of new actors/participants, where applicable, and the expansion of
constituencies within Stakeholder Groups, where applicable." Further,
Staff was directed to work with the GNSO community to develop "a set of
streamlined processes (along with appropriate templates, tools, or other
mechanisms) that will assist in the formation of these new Stakeholder Groups
and also facilitate the Board's subsequent review and approval of those
structures." The Board directed that plans for each of the four new
Stakeholder Groups be submitted to the Board for consideration at the ICANN
Mexico City Board meeting, and the plans "must be reviewed and approved by
the Board before a newly structured GNSO Council is seated in June 2009.
The Board will consider the need for interim action to fill Council seats in
the event that it finds any Stakeholder Group plans to be deficient or
delayed."<br>
<br>
*ACTION: Staff will provide some initial draft material shortly to
support community consideration and discussion. <br>
<br>
6) ROLE/REPRESENTATION OF USERS — The Board requested additional
community "dialogue and input on the appropriate role and representation
of individual Internet users, including individual commercial and
non-commercial Internet users, in the GNSO. Input from the GNSO, the ALAC and
At-Large community, and any relevant applicants for new constituencies, would
be particularly helpful and should address the inclusion of registrants and
individual users in the GNSO in a manner that compliments the ALAC and its
supporting structures, and ensures that registrants' and individual Internet
users' gTLD interests are effectively represented within the GNSO."<br>
<br>
*ACTION: Staff will post a public comment solicitation and will provide
background information to encourage community consideration and input to the
Board. <br>
<br>
7) IMPLEMENTATION TIMETABLE — The Board amended its previous
implementation timetable and directs that the transition to a new bicameral
GNSO Council voting structure take place over a phased implementation schedule
that begins immediately and ends in June 2009 with the seating of the new
Council. The implementation phases will be as follows:<br>
<br>
-Phase 1 - GNSO Council restructuring implementation plan submitted in<br>
advance of the December 2008 Board Meeting;<br>
<br>
- Phase 2 - Existing Constituencies submit confirmation documents to the<br>
Board for review in advance of the February 2009 Board Meeting;<br>
<br>
- Phase 3 - Stakeholder Groups submit formal plans for Board approval for<br>
consideration at the ICANN Mexico City Board meeting; and<br>
<br>
- Phase 4 - Stakeholder Groups with plans approved by the Board select<br>
Council representatives, and the newly structured GNSO Council is seated<br>
by the June 2009 Asia-Pacific ICANN Meeting.<br>
<br>
*ACTION — Staff will assist the GNSO in developing a restructuring
implementation plan that the Board expects to receive later this year.<br>
<br>
===================<br>
<br>
<br>
-- GNSO Restructuring -- (Membership and Leadership Selection:)<br>
<br>
It is, Resolved (2008.10.01.06), as recommended by the WG-GCR, the Board<br>
authorizes a third Council-level non-voting Nominating Committee<br>
Appointee to serve on the Council whose presence could preserve an<br>
independent aspect on the Council and could provide useful management<br>
support as the Council moves toward a working group management function.<br>
<br>
<br>
It is, Resolved (2008.10.01.07), the Board authorizes the GNSO Council<br>
to elect a Chair consistent with the recommendation of the WG-GCR - that<br>
the GNSO Chair be elected by a vote of 60% of both voting houses and<br>
each voting house has the flexibility to create a process for selecting<br>
its own Vice Chair. The Board directs the Council to develop a process<br>
for subsequent balloting, if needed, until a Council Chair is duly<br>
elected. This process should be developed before the first Chair<br>
election of the newly structured Council.<br>
<br>
It is, Resolved (2008.10.01.08), the Board and General Counsel have<br>
outstanding questions about the WG-GCR recommendations regarding Board<br>
seat elections and directs Staff to share these with the community and<br>
seek additional input.<br>
<br>
<br>
-- GNSO Restructuring -- (Operational/Voting Considerations:)<br>
<br>
It is, Resolved (2008.10.01.09), the Board adopts all voting thresholds<br>
proposed in the WG-GCR Report. The Board requests that the GNSO develop<br>
any additional voting thresholds or categories that may be needed as<br>
part of its proposed GNSO Improvements Implementation Plan to be<br>
submitted to the Board for approval.<br>
<br>
<br>
-- GNSO Restructuring -- (Stakeholder and Constituency Organizational<br>
Concerns:)<br>
<br>
It is, Resolved (2008.10.01.10), the Board acknowledges Staff's<br>
development of the "Notice of Intent" documentation for potential new<br>
constituencies and directs Staff to develop a formal petition and<br>
charter template that will assist applicants in satisfying the formative<br>
criteria (consistent with the ICANN Bylaws) to facilitate the Board's<br>
evaluation of petitions to form new constituencies. Staff also is<br>
directed to work with the existing GNSO constituencies to design and<br>
develop a streamlined process along with appropriate mechanisms that<br>
will assist with the Board's timely recognition and approval of existing<br>
constituencies.<br>
<br>
It is, Resolved (2008.10.01.11), the Board reinforces its support for<br>
the following principles pertaining to the formation of the new<br>
Stakeholder Groups, and requests that all constituency members and other<br>
relevant parties comply with the principles included in the BGC Working<br>
Group's GNSO Improvements Report approved by the Board in establishing<br>
the newly formed structures, including:<br>
<br>
- The need to better represent the wide variety of groups and<br>
individuals that compose the global ICANN community, in a structure that<br>
can change more easily with the gTLD environment and stakeholders.<br>
<br>
- The inclusion of new actors/participants, where applicable, and the<br>
expansion of constituencies within Stakeholder Groups, where applicable.<br>
<br>
<br>
It is, further Resolved (2008.10.01.12), that the Board further directs<br>
Staff to work with existing constituencies to develop a set of<br>
streamlined processes (along with appropriate templates, tools, or other<br>
mechanisms) that will assist in the formation of these new Stakeholder<br>
Groups and also facilitate the Board's subsequent review and approval of<br>
those structures.<br>
<br>
It is, Resolved (2008.10.01.13), the Board directs that plans for each<br>
of the four new Stakeholder Groups, that are consistent with the above<br>
principles, be submitted to the Board for consideration at the ICANN<br>
Mexico City Board meeting. The plans must be reviewed and approved by<br>
the Board before a newly structured GNSO Council is seated in June 2009.<br>
The Board will consider the need for interim action to fill Council<br>
seats in the event that it finds any Stakeholder Group plans to be<br>
deficient or delayed.<br>
<br>
<br>
-- GNSO Restructuring -- (The Role of Individual Internet Users in the<br>
GNSO:)<br>
<br>
It is, Resolved (2008.10.01.14), The Board requests additional community<br>
dialogue and input on the appropriate role and representation of<br>
individual Internet users, including individual commercial and<br>
non-commercial Internet users, in the GNSO. Input from the GNSO, the<br>
ALAC and At-Large community, and any relevant applicants for new<br>
constituencies, would be particularly helpful and should address the<br>
inclusion of registrants and individual users in the GNSO in a manner<br>
that compliments the ALAC and its supporting structures, and ensures<br>
that registrants' and individual Internet users' gTLD interests are<br>
effectively represented within the GNSO.<br>
<br>
<br>
-- GNSO Restructuring -- (Implementation Timing:)<br>
<br>
It is, Resolved (2008.10.01.15), the Board amends its previous<br>
implementation timetable and directs that the transition to a new<br>
bicameral GNSO Council voting structure take place over a phased<br>
implementation schedule that begins immediately and ends in June 2009<br>
with the seating of the new Council. The implementation phases will be<br>
as follows:<br>
<br>
Phase 1 - GNSO Council restructuring implementation plan submitted in<br>
advance of the December 2008 Board Meeting;<br>
<br>
Phase 2 - Existing Constituencies submit confirmation documents to the<br>
Board for review in advance of the February 2009 Board Meeting;<br>
<br>
Phase 3 - Stakeholder Groups submit formal plans for Board approval for<br>
consideration at the ICANN Mexico City Board meeting; and<br>
<br>
Phase 4 - Stakeholder Groups with plans approved by the Board select<br>
Council representatives, and the newly structured GNSO Council is seated<br>
by the June 2009 Asia-Pacific ICANN Meeting.<br>
<br>
<br>
<o:p></o:p></span></font></p>
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