Alex's comments on the charter - update

[Baudouin SCHOMBE]

 2.2.2. Ineligible organizations.
>> 4. Government organizations or departments whether local, regional or
national;
>>
>> question 1: it may help to clarify if Regulators/staff are considered as
'government'?
>
Regulators are generally under government control in some africain
countries. It's very important to clarify their affiliation.


> It think this depends on the location.  Sometimes they are and sometimes
they aren't and I think that we should use the national designation as the
bright line criteria. If they are part of the government in then of course
they are ineligible.  On the other hand even if they aren't government, can
regulators be said to have predominantly non-commercial interests?  For
those who have a specific non commercial mandate and are not part f the
government, I think they already can join under the other criteria.
>
SCHOMBE BAUDOUIN
COORDONNATEUR DU CENTRE AFRICAIN D'ECHANGE CULTUREL (CAFEC)
COORDONNATEUR NATIONAL REPRONTIC
MEMBRE FACILITATEUR GAID AFRIQUE
GNSO and NCUC MEMBER (ICANN)

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2010/5/8 Avri Doria <avri at ltu.se>

> Update:
>
> On 8 May 2010, at 15:35, Avri Doria wrote:
>
> > Hi,
> >
> > Thanks for the review.
> >
> > I have proposed resolutions to Alex's issues.  Please review and comment.
> >
> > thanks
> >
> > a.
> >
> >
> > On 8 May 2010, at 15:16, Alex Gakuru wrote:
> >
> >> My few comments follow.
> >> - - -
> >> 1.1 Mission.
> >> (para 2)
> >>
> >> It provides a voice and representation....
> >>
> >> a) propose: add category "free/open source software" - to cater for
> public interest software groups (Justify: Free/Open Source Software is at
> the 'core' of the Internet)
> >
> > Proposed resolution: add
>
> Sentence would become:
>
> It provides a voice and representation in ICANN processes to: non-profit
> organizations that serve non-commercial interests; nonprofit services such
> as education, philanthropies, consumer protection, community organizing,
> promotion of the arts, public interest policy advocacy, children's welfare,
> religion, scientific research, and human rights; public interest software
> concerns; families or individuals who register domain names for
> noncommercial personal use; and Internet users who are primarily concerned
> with the noncommercial, public interest aspects of domain name policy.
>
> >
> >>
> >> b) propose: a clause on circumstances for membership
> suspension/termination? (for example, if it was reasonably established that
> their continued membership and/or activities defeat or contradict
> noncommercial interests?) Justify: Charter defines new membership
> in(eligibilty) but is silent on possible later changes on an existing
> members circumstances.
> >
> > I am not sure this would belong in the Mission section of the charter.
> >
> > Under 2.2.6 There is already:
> >
> > The Executive Committee shall create procedural rules for membership and
> for existing members to maintain their good standing. Any such procedure
> will be subject to membership approval.
> >
> > Proposed resolution: replace
> >
> > The Executive Committee shall create procedural rules for membership and
> for existing members to maintain their good standing.
> >
> > with:
> >
> > The Executive Committee shall create procedural rules for membership and
> for existing members to maintain their good standing or for removal of
> membership for cause.
> >
> >>
> >> 2.2.2. Ineligible organizations.
> >> 4. Government organizations or departments whether local, regional or
> national;
> >>
> >> question 1: it may help to clarify if Regulators/staff are considered as
> 'government'?
> >
> > It think this depends on the location.  Sometimes they are and sometimes
> they aren't and I think that we should use the national designation as the
> bright line criteria. If they are part of the government in then of course
> they are ineligible.  On the other hand even if they aren't government, can
> regulators be said to have predominantly non-commercial interests?  For
> those who have a specific non commercial mandate and are not part f the
> government, I think they already can join under the other criteria.
> >
> > Proposed resolution: no change
> >
> >
> >>
> >> question 2: whether Advisors to Regulators also fall in this category?
> Giving due consideration of such persons role (e.g. consumer protection) in
> the regulatory environment bearing in mind that ICANN, is by its role, is an
> Internet Regulator?
> >
> > I think advisors are rarely government employees, so it depends on
> whether they meet some other criteria.
> >
> > Note while the question of ICANN as a regulator may be debated, i think
> it is clear that ICANN does not have a specifically noncommercial mandate.
> >
> > Proposed Resolution: no change
> >
> >
> >>
> >> question 3: or should any such above persons join in their individuals
> capacity?
> >
> > If the meet the criteria for Individuals, they certainly that is an
> option.
> >
> > Proposed Resolution: no change
> >
> >
> >>
> >> 2.4.4. EC Work Process
> >> * online document collaboration tools, for example Google Document,
> Google Wave and other available network cloud based tools.
> >>
> >> propose: mention of specific software products, vendors, and (current)
> technologies be ommited so as to avoid possible later 'bias' acusations..
> i.e. vendor and technology neutrality
> >
> > Good point:
> >
> > Proposed Resolution: drop names of examples.
>
> replace existing with:
>
> online document collaboration tools as well as available network cloud
> based tools
>
> >
> >>
> >> 2.6.1. FC Composition.
> >> .... The NCSG Chair will participate as an ex-officio member of the
> NCSG-PC and will be included in consensus process and votes.
> >>
> >> question: was it meant to read "NCSG-FC"? (i.e. a typo?)
> >
> > Yes, thanks you.
> >
> > Proposed Resolution:  fix
> >
> >
> > a.
> >
>
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