- Category: (replace this text with one of the following categories: Administration/Budget, Board, ccTLD, gTLD, IP, ICANN Structure, International Agreement, Root Zone)
- Topic: (replace this text with a keywords from title)
- Board meeting date: 27 May 1999
- Resolution number: 99.32, 99.33, 99.34, 99.35, 99.36, 99.37, 99.38, 99.39
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-27may99.htm
- Status: (replace this text with: Completed, Ongoing, Suspended)
Summary
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Text
Staff then summarized the proposals (and related commentary) received for Domain Name Supporting Organization (DNSO) Constituencies. Changes made in the proposals as a result of organizational Constituency meetings held in Berlin on May 25 were noted, and in particular, that proposals for the Intellectual Property and ISP and Connectivity Providers Constituencies had been modified to broaden participation. Possible outstanding problems with the Constituency proposals were highlighted, including: limited participation in the organization process, uncertainty regarding compliance with the geographic diversity requirements in the ICANN Bylaws, and overly discretionary participation criteria. It was noted that the various organizers of the Non-Commercial Domain Name Holders Constituency had come close to reaching a compromise, but that they had not yet settled on a plan setting out the process for selection of Names Council members.
Finally, on a related matter, staff reported that ICANN had solicited public comments on the question of whether "initial DNSO Constituencies currently identified as 'ccTLD registries' and 'gTLD registries' be re-categorized as 'open registries' and 'closed registries,' identified according to whether the registry is open to any registrant, worldwide ('open'), or is instead limited to certain registrants based on geography, intended use, or other criteria ('closed')," and that the response had been largely negative; therefore, the staff did not recommend taking any action on the matter at this time.
The Board discussed the possibility of provisional recognition of all of the Constituencies except for the Non-Commercial Domain Name Holders (based on proposals attached hereto as Exhibit A) for a limited period of time in which the Constituencies could operate on an interim basis, while making improvements in their structures. In particular, the Directors emphasized the importance of conducting Constituency outreach to potential participants; articulating clear statements of Constituency participation criteria; solidifying specific plans for compliance with geographic representation requirements; and conforming Constituency Names Council representative voting and related plans to the provisional period timeline. The Board also discussed possible solutions to the specific problems regarding the gTLD Constituency, the Non-Commercial Domain Name Holders Constituency, and the geographic diversity requirements for Constituencies.
Upon motion duly made and seconded, the Board unanimously approved the adoption of the following resolutions:RESOLVED (Resolution 99.31), that the following Constituencies (as defined in Article VI-B of the Bylaws) are provisionally recognized until the annual meeting of the Board in 1999, to operate in accordance with the proposals received by the Corporation and ordered attached to these minutes:
- ccTLD registries
- Commercial and business entities
- gTLD registries
- Intellectual property
- ISPs and connectivity providers
- Registrars
FURTHER RESOLVED (Resolution 99.32), that the President of the Corporation is directed to work with the Constituencies to amend their proposals to address deficiencies noted by the Board, which amended proposals must include a commitment of the submitting Constituency to hold a new election of Names Council representatives promptly following the approval by the Board of such amended proposal.
FURTHER RESOLVED (Resolution 99.33), that, when such proposals are so amended, the Board should examine such proposals to determine whether the deficiencies have been satisfactorily addressed and whether to extend the recognition today made.
FURTHER RESOLVED (Resolution 99.34), that the Names Council representatives chosen by the provisionally recognized Constituencies shall constitute the provisional Names Council, with all the powers set forth in the Bylaws other than the selection of ICANN Directors (pursuant to Section 2(e) of Article VI-B of the Bylaws), which selection powers will be deferred until such time as the Board determines it has made sufficient final recognitions.
FURTHER RESOLVED (Resolution 99.35), that the Board requests that the Constituency for gTLD registries agree, for so long as Network Solutions is the only participant in such Constituency, to select only one individual (rather than three) to represent that Constituency on the provisional Names Council, and the Board states that if such Constituency does not agree to make only one such selection, the Board will amend the Bylaws to effectuate such goal.
FURTHER RESOLVED (Resolution 99.36), that the phrase "except with the consent of the Board" shall be inserted after the twenty-first word of Section 3(c) of Article VI-B of the Bylaws.
FURTHER RESOLVED (Resolution 99.37), that the Board considers geographic diversity to be an important requirement that should be met promptly, but consents to waiver of the Names Council geographic diversity requirement of Article VI-B(3)(c) of the Bylaws, for the period of provisional recognition only.
FURTHER RESOLVED (Resolution 99.38), the Board determines that no proposal to create a non-commercial domain name holders Constituency has yet been submitted that is appropriate for recognition.
FURTHER RESOLVED (Resolution 99.39), with the recognition that the interests represented by a non-commercial domain name holders Constituency should be involved as early as possible in the DNSO organization process, the Board urges that the organizers of this Constituency should submit a consensus application for provisional recognition as soon as possible, so that the issue of recognition can be reconsidered by the Board no later than an anticipated meeting during the week of June 21 so that representatives of this Constituency can join the provisional Names Council.
The Directors then discussed whether an additional Constituency for individual domain name holders should be added to the initial seven Constituencies called for in the ICANN Bylaws--an addition supported by some commentators (including some remote, online participants) at the May 26 public meeting. Some Directors expressed concern that some individual domain name holders may not be adequately represented by the Initial Constituencies.
The Board noted that ICANN had announced that no applications for additional constituencies would be considered until the original constituencies it had established in Singapore were constituted. There was also general consensus that whether a DNSO constituency for individuals should be established could be affected by how the At-Large membership was structured and operated. Given this, the Board decided to defer consideration of this proposal until a later date.
Implementation Actions
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- Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
- Due date: (replace this text with Due Date)
- Completion date: (replace this text with Date action was implemented)
- (replace this text with specific Action Item)
- Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
- Due date: (replace this text with Due Date)
- Completion date: (replace this text with Date action was implemented)
Other Related Resolutions
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Additional Information
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