Criteria for regional representation

Cheryl Preston PRESTONC at LAWGATE.BYU.EDU
Wed Nov 19 02:25:41 CET 2008


The ICANN Geographic Representation Working Group (see http://gnso.icann.org/drafts/icann-geographic-regions-26aug08.pdf), has a preliminary list of factors to be taken into account in determining criteria for who represents which regions.  The NCSG needs to adhere to these standards (not just citizenship and residency).

The Bylaws were written when individual constituencies, not Stakeholder Groups, elected GNSO representatives and none had more than 3 or so seats.  Thus, the geographical representation requirement will indeed need to be amended.  

Any amendments regarding the numbers from each region will not alter the positions proposed or eventually taken by the Geographic Representation Working Group or the Board on what constitutes "representation" of a region, and which potential "representatives" should be preferred.  The Charter should incorporate these findings.

Cheryl B. Preston
Edwin M. Thomas
Professor of Law
J. Reuben Clark Law School
Brigham Young University
434 JRCB
Provo, UT 84602
(801) 422-2312
prestonc at lawgate.byu.edu

>>> Robin Gross <robin at IPJUSTICE.ORG> 11/18/2008 5:09:45 pm >>>
According to ICANN Bylaws on the GNSO Council (Article X, Section 3):

"No two representatives selected by a Constituency shall be citizens  
of the same country or of countries located in the same Geographic  
Region."

But I agree that we need more flexibility, especially since there may  
be changes to the geographical regions and we have 6 seats to fill  
and there are currently only 5 regions, so it just wouldn't square to  
follow the current bylaws exactly.

Rhanks,
Robin


On Nov 18, 2008, at 7:04 AM, Milton L Mueller wrote:

> I support the flexible standard, too. I only said citizenship because
> someone (was it Robin?) told me that ICANN required it. But what the
> heck, let's put the more flexible standard in there and put the  
> onus on
> them to make us take it out. Bottom-up self governance and all....
>
> --MM
>
>> -----Original Message-----
>> From: Non-Commercial User Constituency [mailto:NCUC-
>> DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Norbert Klein
>> Sent: Tuesday, November 18, 2008 6:04 AM
>> To: NCUC-DISCUSS at LISTSERV.SYR.EDU 
>> Subject: Re: [NCUC-DISCUSS] Draft NCSG petition, please review
>>
>> On Tuesday, 18 November 2008 11:50:49 William Drake wrote:
>>> ,,,
>>>   One question I do wonder
>>> about though concerns 3.4.5, Regional diversity's criteria,  "as
>>> determined by national citizenship."   Lots of folks don't live in
>>> their home countries, so perhaps a more flexible approach would be
>>> desirable going forward.  Why not "as determined by national
>>> citizenship or residency"?  Is there a history of discussion and
>>> decisions on this from before I joined NCUC that I'm not aware of?
>>>
>>> Thanks again,
>>>
>>> Bill
>>
>>
>> Thanks, Bill, to raise the regional diversity criteria - I take up
> this
>> point
>> only from your mail. I had formerly also suggested that this needs
>> clarification (also in view of the fact that other ICANN structures -
> for
>> example the Board - may have their own regional diversity criteria),
> as we
>> have among ourselves (at least) two cases where this may be  
>> important:
>>
>> Having worked 18 years in Cambodia (and my Internet related work  
>> dates
>> back to
>> 1994 in Cambodia, which I did mainly in cooperation and with advice
> and
>> assistance from others in Asia), I would feel very strange if - for
>> whatever
>> reason - the NCSG would consider me according to the "national
>> citizenship"
>> criterion as a European.
>> And Mary Wong, who is now a GNSO Council member, send by the NCUC,
> might
>> at
>> some other time fulfill some function for the NCSG as an Asian  
>> (though
> she
>> is
>> a resident of North America).
>>
>> I think your suggestion  "as determined by national citizenship or
>> residency"
>> would leave us most flexibility, and I support your suggestion.
>>
>>
>> Norbert
>> --
>> If you want to know what is going on in Cambodia,
>> please visit us regularly - you can find something new every day:
>>
>> http://cambodiamirror.wordpress.com (English)
>> http://kanhchoksangkum.wordpress.com (Khmer)
>>
>> PGP key-id 0x0016D0A9




IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
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