[liaison6c] Follow-up on GNSO Restructuring/Improvements

[Cheryl Preston]

Milton,

Could you please send me a current membership  and contact list?
I have not seen a vote or other action on my proposed amendments to your suggested structure.  Were you planning to respond?

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

>>> Milton L Mueller <mueller at SYR.EDU> 10/16/2008 6:34 am >>>
Denise:

Thanks for the effort to compile some information about the changes
underway in the GNSO.

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. 

 

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. 

 

Let me explain in very simple terms why this must be so. 

 

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?

 

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? 

 

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. 

 

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.


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. 

 

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. 

 

We will all be in Cairo. We have joint user meetings to discuss this. I
look forward to your participation then.

 

--MM

 

 

________________________________

From: owner-liaison6c at gnso.icann.org 
[mailto:owner-liaison6c at gnso.icann.org] On Behalf Of Denise Michel
Sent: Wednesday, October 15, 2008 5:02 PM
To: council at gnso.icann.org; liaison6c; Cheryl Langdon-Orr; Janis
Karklins; Alan Greenberg; Bertrand de La Chapelle
Subject: [liaison6c] Follow-up on GNSO Restructuring/Improvements

 

Dear Community Members:

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
<http://www.icann.org/en/minutes/prelim-report-01oct08.htm>).  I'd be
happy to elaborate on these during the Council call, or feel free to
email questions to <policy-staff at icann.org>.

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." 

*ACTION:   As the Council moves forward with GNSO Improvements
implementation, this should be addressed and provided to the Board.

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."  

*ACTION:  Staff will post outstanding questions and solicit input
shortly. 

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.)

*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.

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".

*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.   

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."

*ACTION:  Staff will provide some initial draft material shortly to
support community consideration and discussion. 

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."

*ACTION:  Staff will post a public comment solicitation and will provide
background information to encourage community consideration and input to
the Board. 

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:

 -Phase 1 - GNSO Council restructuring implementation plan submitted in
advance of the December 2008 Board Meeting;

- Phase 2 - Existing Constituencies submit confirmation documents to the
Board for review in advance of the February 2009 Board Meeting;

- Phase 3 - Stakeholder Groups submit formal plans for Board approval
for
consideration at the ICANN Mexico City Board meeting; and

- Phase 4 - Stakeholder Groups with plans approved by the Board select
Council representatives, and the newly structured GNSO Council is seated
by the June 2009 Asia-Pacific ICANN Meeting.

*ACTION - Staff will assist the GNSO in developing a restructuring
implementation plan that the Board expects to receive later this year.

===================


-- GNSO Restructuring -- (Membership and Leadership Selection:)

It is, Resolved (2008.10.01.06), as recommended by the WG-GCR, the Board
authorizes a third Council-level non-voting Nominating Committee
Appointee to serve on the Council whose presence could preserve an
independent aspect on the Council and could provide useful management
support as the Council moves toward a working group management function.


It is, Resolved (2008.10.01.07), the Board authorizes the GNSO Council
to elect a Chair consistent with the recommendation of the WG-GCR - that
the GNSO 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. 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.

It is, Resolved (2008.10.01.08), 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.


-- GNSO Restructuring -- (Operational/Voting Considerations:)

It is, Resolved (2008.10.01.09), the Board adopts all voting thresholds
proposed in the WG-GCR Report. The Board requests 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.


-- GNSO Restructuring -- (Stakeholder and Constituency Organizational
Concerns:)

It is, Resolved (2008.10.01.10), the Board acknowledges Staff's
development of the "Notice of Intent" documentation for potential new
constituencies and directs 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.

It is, Resolved (2008.10.01.11), the Board reinforces 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.

- The inclusion of new actors/participants, where applicable, and the
expansion of constituencies within Stakeholder Groups, where applicable.


It is, further Resolved (2008.10.01.12), that the Board further directs
Staff to work with existing constituencies 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.

It is, Resolved (2008.10.01.13), the Board directs that plans for each
of the four new Stakeholder Groups, that are consistent with the above
principles, be submitted to the Board for consideration at the ICANN
Mexico City Board meeting. 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.


-- GNSO Restructuring -- (The Role of Individual Internet Users in the
GNSO:)

It is, Resolved (2008.10.01.14), The Board requests 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.


-- GNSO Restructuring -- (Implementation Timing:)

It is, Resolved (2008.10.01.15), the Board amends 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:

Phase 1 - GNSO Council restructuring implementation plan submitted in
advance of the December 2008 Board Meeting;

Phase 2 - Existing Constituencies submit confirmation documents to the
Board for review in advance of the February 2009 Board Meeting;

Phase 3 - Stakeholder Groups submit formal plans for Board approval for
consideration at the ICANN Mexico City Board meeting; and

Phase 4 - Stakeholder Groups with plans approved by the Board select
Council representatives, and the newly structured GNSO Council is seated
by the June 2009 Asia-Pacific ICANN Meeting.