It's never too late for comments and support. We'll be working all night.
Please let us know your thoughts. This has grown out of the previously
posted drafts and the public commentary, with a draft cover letter that
describes the philosphy. -- Bret
=------------------------------------------------------------=
APPLICATION FOR THE FORMATION OF THE DOMAIN NAME SUPPORTING ORGANISATION
(DRAFT VERSION 0.9)
February 5,1999
Attention: Esther Dyson, Michale Roberts, Geraldine Capdeboscq, George
Conrades, Greg Crew, Frank Fitzsimmons, Hans Kraaijenbrink, Jun Murai,
Eugenio Triana, Linda S. Wilson
To the ICANN Board of Directors:
The undersigned groups, companies, and individuals (the "Applicants") are
pleased to submit this application to the Internet Corporation for
Assigned Names and Numbers ("ICANN") to form the Domain Names Supporting
Organization ("DNSO").
Our Philosophy
After considering the principles in the United States Government's June
5, 1998 Statement of Policy (the "White Paper") and the strictures of the
Memorandum of Understanding Between the U.S. Dept. of Commerce and ICANN
(the "DOC MOU"), the Applicants believe that the Supporting Organization
described by this Application and the attached DNSO Bylaws meets the
requirements of ICANN and the United States Government by providing an
open, transparent and bottom-up supporting organization that fairly
reflects the global and functional diversity of Internet users and their
needs.
The Applicants have approached the creation of a Supporting Organization
with the twin goals of providing ICANN with substantive expertise on
technical and policy issues while also providing an opportunity for
bottom-up contribution and comment from the many interests, dynamic and
diverse, regional and functional, that comprise the growing Internet
community.
The Applicants actively participated in the dialogue on the creation of
the DNSO and regret that they were unable to reach a consensus with
either of the known groups that are submitting drafts. The Applicants
believe that one draft is not sufficiently "bottom up" in management
style to meet the requirements of the White Paper, and the other provides
overly restrictive veto power of policy recommendations to one
constituency. The present proposal is a true compromise.
The best reflection of the Applicants' approach to the creation of the
DNSO is the Bylaws, which are included with this Application. These
Bylaws reflect a fully formed conception how this DNSO will gather and
synthesize suggestions and criticisms from the worldwide Internet
community and how it will form these into policy recommendations. These
Bylaws have the appropriate structure, policy recommendation process, and
open and transparent mechanisms to serve ICANN well.
The Proposed DNSO Structure
The Applicants' proposed DNSO is managed by a diverse group of
individuals from constituencies that fairly reflect the technical,
professional and individual interests in the policy of the Domain Names
System ("DNS"). These internationally diverse individuals will form the
Names Council contemplated by the ICANN Bylaws and will come from a broad
group of constituencies, including registries, registries, trademark
Interests, public Interest organizations, internet service providers
("ISPs"), and other interests. The Names Council will be managers of a
bottom-up policy recommendation process that will take place in the
DNSO's General Assembly.
While the Names Council provides equal, balanced representation from
functional areas and DNS interest groups, the General Assembly will allow
all of these interests, and others that may develop over time, to have an
open and public discussion on DNS policy. It allows debate to cross
constituency lines and forge consensus from disparate voices representing
different industries and interests.
The open nature of the General Assembly allows the Names Council to
observe distinctions between majority and minority voices and to more
accurately gauge support for proposed policies. The Applicants also
believe that an open forum will provides a fertile environment for
fostering creative solutions and innovative policy recommendations from
the diverse Internet community. These are voices that might otherwise be
lost in a pure, constituency-based equal representation system.
Membership in the General Assembly will be open to anyone who wishes to
join.
As noted below, the General Assembly model ensures that the policy
recommendation process meets both the White Paper's requirement that
policymaking "reflect the bottom-up governance style that has
characterized development of the Internet to date" (White Paper,
"Principles for a New System") and the DOC MOU's requirement that ICANN's
private coordinating process "reflects a system of bottom-up management."
(DOC MOU, Section II.C., "The Principles.") Indeed, this bottom-up policy
recommendation process is at the heart of the Applicants' proposal.
The Policy Recommendation Process
Whether requested by ICANN or acting upon its own initiative, the DNSO
Names Council or 5% of the General Assembly can initiate the policy
review process that is described in detail in Section 5 of the attached
Bylaws. This process begins with the creation of a Research Committee,
balanced in its composition, and ends with a Report and Recommendation
that represents the considered and researched opinion of the DNSO.
After the Research Committee is formed, its initial task is the
formulation of an Issue Statement that fairly frames the issue on which a
policy recommendation is requested. The General Assembly then provides
its thoughts, proposals, and suggested solutions in a public forum. The
Research Committee will distill the comments from the General Assembly
into a draft report that will be published for open comments and public
hearings. This review process continues through two more iterations, each
time refining its policy recommendation and moving closer to consensus.
When a Research Committee has completed its Report Recommendation, it is
forwarded to the Names Council, where it is accepted, rejected, or
returned to the committee. Reports and Recommendations are approved and
forwarded to the ICANN Board upon a two-thirds vote of the Names Council.
If approved, the Names Council will forward a detailed, well-researched,
implementable policy recommendation to the ICANN Board.
Meeting the Principles of ICANN
In crafting this DNSO model, the Applicants have been sensitive to the
strictures of ICANN's agreements with the U.S. Government (the DOC MOU)
and the principles embodied in the White Paper. Specifically, both
documents state that the following are guiding principles for ICANN: (a)
Stability, (b) Competition, (c) Private, Bottom-up Coordination, and (d)
Representation.
* Stability. Uncertain or changing DNS policy or inadequate
implementation of that policy will lead to instability on the Internet.
To ensure that policy is certain and implementation is possible and
effective, the Applicants have taken a number of steps. First, seats on
the Names Council are guaranteed for persons in those industries
responsible for implementing DNS policy (including Registries,
Registrars, and Internet Service Providers). Second, procedures are
available to individuals and companies that believe a draft policy
recommendation is counter to the interests of the Internet or not
possible to implement. The Applicants' also believe that new policy
recommendations should be made deliberately and thoughtfully through the
Research Committee process, as hastily considered suggestions may have a
destabilizing effect if reversed or modified after implementation.
* Competition. The Applicants' proposal provides all interests an
opportunity to impact the development of DNS policy equally. It neither
provides a boost to emerging competitors nor allows established companies
to become entrenched and immune from market forces. No single company or
industry has a veto over policy that is otherwise supported and in the
best interests of the DNS.
* Private, Bottom-up Coordination. The General Assembly assures that no
opinion will be missed and that no voice will be filtered through a
representative or industry trade group. A hallmark of the internet has
been its amazing ability to allow anyone to impact policy development
through grass roots activism. The Applicants have exploited this new
medium and honed this grass roots activism through the creation of the
General Assembly. Professional interests and industry expertise are
guaranteed through the Research Committees, but the Applicants believe
that the truly novel, creative solutions will come through the General
Assembly.
* Representation. The Applicants' proposal provides a balanced Names
Council from ten important constituencies with an interest in DNS policy,
and the General Assembly provides an open forum for all to discuss their
concerns, without regard to constituencies or professional affiliations.
The General Assembly also ensures that the voices in the policy
recommendation process mirror the voices on the internet itself. They
will be global and functionally diverse.
* * * * * *
What the Applicants below present is a DNSO for everyone. For those
established interest groups that have invested in the Internet and have a
clear monetary stake in the outcome of DNS policy, this model provides a
place for them to make their views known and have a voice in DNS policy.
For those individuals and companies impacted by DNS policy and who care
about its development, there is a place for them as well. And for those
gestating and as yet unknown entities that will have a stake in the
Internet's bright future, there is a place for them to speak and perhaps
coalesce into new constituencies, representing new, previously unheard
voices.
This is a DNSO that no one will own and that cannot be captured by any
special interest group. It is a DNSO that will provide expertise and
thoughtful policy recommendations and in which ICANN can place its trust,
assured that DNSO Reports and Recommendations meet high technical
standards while also enjoying broad support from the Internet Community.
It is flexible and responsive. It is a DNSO that can meet the changing
needs of both ICANN and the Internet community.
The Applicants submit this application confident that the bottom-up
processes that have served the Internet to date will continue to serve
ICANN well and are appropriate, and in fact required, for the DNSO.
We thank the Board for its consideration.
Respectfully submitted,
[ S U P P O R T E R S ]
=------------------------------------------------------------=
BYLAWS OF THE DOMAIN NAMES SUPPPORTING ORGANIZATION
1.0 INTRODUCTION
The name of this supporting organization shall be "The Domain Name
Supporting Organization" (hereafter, "DNSO"). It shall be established by
resolution of the Board of Directors of ICANN and shall become a
functioning part of ICANN. These Rules provide guidance for the operation
and management of the DNSO.
The DNSO is a consensus based policy advisory body within the Internet
Corporation for Assigned Names and Numbers ("ICANN"). The DNSO structure
is based on a General Assembly, and a Names Council with a set of
constituencies. The objectives for DNSO are as defined in article VI of
the ICANN bylaws; that is, to develop and recommend substantive policies
and procedures regarding TLDs, including operation, assignment and
management of the domain name system and other related subjects.
The proposed DNSO will not be a legal entity in its own right, but will
be a component of the ICANN Corporation. It will be an advisory body
rather than a decision making body, without operational responsibility
and with a minimal budget (which the organizers believe should be funded
by ICANN, but which could be funded through nominal dues to members). The
DNSO shall have no role in funding ICANN.
Entities and individuals may participate in the DNSO work, and they are
invited to do so.
2.0 MEMBERSHIP
2.1 Membership.
It is expected that ICANN will have individual and corporate and
organizational membership. Any ICANN member with expertise or interest in
domain name issues may join the DNSO General Assembly by submitting a
membership application.
2.2 The General Assembly.
The General Assembly is an open body of individuals and corporations and
organizations with a knowledge of and an interest in issues pertaining to
achievement of DNSO objectives, who are willing to contribute time,
effort and expertise in DNSO work items, including discussion of work
items, work item proposal and development, draft document preparation,
participation in working groups and steering committees. The General
Assembly is an open, consensus based assembly, process oriented rather
than member oriented. General Assembly conference costs shall be covered
by an equitable charge on attendees and conferences and meetings shall be
held online whenever possible.
2.3 Constituencies.
The constituencies described herein are an initial set of constituencies.
Further constituencies may be created, deleted or merged based on
Section 3.2 of these bylaws. The constituencies are:
1. COMMERCIAL AND BUSINESS: entities with Internet interests engaged
in commerce or business, including, but not limited to, organizations of
commercial and business entities.
2. NON-COMMERCIAL REGISTRANTS: Non-commercial groups, bodies and
associations, including, but not limited to, the following:
* Associations and groups of users of the Internet
* Governmental (central, regional and local) users;
* Hospitals, clinics and other health facilities;
* Museums, Libraries and other custodians of the cultural heritage.
* Non-Governmental public sector and public services;
* Universities, Research Institutes and Schools;
3. ISP AND CONNECTIVITY PROVIDERS: IP network operators and service
providers, i.e., entities operating name servers for clients and offering
Internet connectivity to third parties.
4. REGISTRARS: entities that provide a service to Internet users of
registering second level domain names in top level domains (TLDs) (or
registering third level domain names in the case of TLDs that have
established categories of second level domains).
5. REGISTRIES: entities authorized by the Corporation to publish
authoritative TLD zones in one or more generic or country-code TLD zones.
6. TRADEMARK AND ANTI-COUNTERFEITING INTERESTS: entities including,
but not limited to trademark owners and groups of owners, who are
interested is the protection of trademarks or the effort to stop
trademark counterfeiting and infringement.
2.4 The Names Council.
The Names Council is the Steering Committee for the DNSO, elected
throughout the constituencies from the General Assembly as described
below and responsible for facilitation, administration and management of
consensus building for each of the DNSO processes. Consensus based and
researched and documented DNSO policy and standards proposals shall be
forwarded to ICANN through Names Council recommendations. The Names
Council shall conduct its business and hold election for its members in
accord with the provisions set forth below.
2.5 One Vote.
Each member of the General Assembly shall be entitled to one vote.
2.6 Resignations.
Any member may resign its membership at any time.. Resignation shall take
effect immediately unless some other date is specified. The acceptance of
a resignation will not be necessary to make it effective.
3.0 THE NAMES COUNCIL
3.1 Overview and Purpose.
The Names Council shall facilitate cooperation and consensus on policies
regarding the Domain Names System and related subjects, and, in
accordance with Article VI, Section 3(a)(ii) of the Corporation's Bylaws,
the Names Council shall forward recommendations on such subjects to the
Board of ICANN. The Names Council shall seek input and review of any
proposed recommendations from all Members. The processes of the Names
Council shall be open and transparent and non-discriminatory.
3.2 Composition.
The Names Council shall be selected by means of the following process:
a. Members of the General Assembly shall self-organize into diverse
constituencies. No member shall be a member of more than one
constituency.
b. Additional constituencies beyond those listed in 2.3 above shall
be recognized based on the following criteria:
1. Constituencies other than those denoted in Section 3.3 shall
represent at least 5% of the members of the General Assembly.
2. Constituencies shall not duplicate a significant portion of
membership in any one existing constituency.
3. Constituencies shall be open to membership without regard to
geographic location.
4. Constituencies shall adopt open and transparent processes
that comply with these Rules and the ICANN Bylaws.
5. Constituencies shall not be formed or recognized insofar as
they are based on geographic location, religious affiliation,
governmental affiliation, or membership in any particular corporation or
organization.
c. Each recognized constituency shall select three (3) members to
sit on the Names Council, no two of whom may come from the same region
(as defined in the ICANN bylaws).
d. In the event that the Names Council so selected does not include
a member from any particular region, where a region is defined as a
continent, members of the General Assembly resident in such region shall
select an additional Names Council Member from such region.
e. Following recognition of the initial constituencies, additional
qualifying constituencies shall be recognized by the Names Council.
Otherwise, recognition, deletion and merger of constituency shall be
effected by fair procedures established by the Names Council.
f. Members of the Names Council shall be subject to recall by a
two-thirds vote of the members of the constituency that selected them.
3.3. Term of Office of Names Council Members.
Names Council representatives shall be elected by their constituencies
and terms of office shall be staggered for continuity. The term of
office shall normally be of three years.
One-third of the membership of the initial Names Council must retire
after one year in office, and another one-third of the membership after a
second year. The rotation of members selected by particular
constituencies shall be determined by the number of votes received. The
person receiving the most votes shall be elected to fulfill the
three-year term, the person receiving the next highest number of votes
shall be elected to fulfill the two-year term, and the person receiving
the third highest number of votes shall be elected to fulfill the
one-year term.
3.4 Chair of the Names Council.
The Names Council chair will be selected by the Names Council at or
before the first meeting in each year after a Names Council election;
when selected the chair would lose his or her personal vote in the Names
Council To ensure fair voting, Names Council chair would only have a
casting (tie-breaking) vote. The Chair of the Names Council shall act as
the Chair of the General Assembly.
3.5 Conduct of Business.
The Names Council shall meet regularly on a schedule determined by its
members, but not less than 4 times per year. Unless otherwise provided, a
majority vote of the members attending a Names Council meeting at which a
quorum (consisting of two thirds of the Name Council Members) is present
or otherwise enabled to vote shall be sufficient for the conduct of its
business.
3.6 Meeting Forums.
At least once a year, the Names Council shall meet in person at a
location agreed by its members. All other meetings of the Names Council
may take place in person, by telephone, video, internet, any other
efficient form of electronic conferencing, or by a combination of the
aforementioned modes of communication.
3.7 Meeting Minutes.
At each meeting, the members of the Names Council shall appoint a scribe
to take notes and prepare minutes of the meeting. Subject to the
provisions of Paragraph 3.9 below, the Names Council shall post minutes
of its meeting to the DNSO web site within 2 business days after the
meeting has concluded.
3.8 Open Meetings.
Subject to the provisions of Paragraph 3.9 below, all meetings of the
Names Council shall be open to all DNSO members. Members will be welcome
to observe in-person meetings and, to the extent technically and
financially practicable, listen to all other meetings.
3.9 Names Council - Voting on Record
The Names Council shall record in its minutes the position and expressed
views of every Names Council member on every Names Council action.
3.10 Executive Sessions of Names Council.
When necessary and appropriate to protect the confidentiality of any
matter before it, the Names Council can elect to hold an Executive
Session, which shall be closed to all persons other than Names Council
representatives. By way of example and not by way of limitation, it may
be appropriate for the Names Council to hold Executive Sessions to
discuss personnel matters. In any such case, the general subject matter
of such a closed session, and the rationale for holding the discussion in
private, shall be disclosed.
3.11 Names Council Meeting Attendance Requirement.
In order to ensure a continuously active Names Council, elected members
who miss either (a) three consecutive Names Council meetings or (b) more
than 25% of the meetings in any single year, shall be dropped from the
Names Council in the absence of extenuating circumstances. In the event
that a member is dropped, the constituency shall choose a new
representative.
3.12 Conduct of Names Council Meetings.
Robert's Rules of Order (Revised), or for electronic meetings such
similar rules as shall be selected by the Names Council, shall govern the
conduct of Names Council meetings..
4.0 NOMINATION AND ELECTION OF ICANN BOARD MEMBERS
4.1 Elections Committee.
The Names Council shall appoint an Elections Committee each year, which
shall consist of a Chair and four or more members of the General
Assembly, not more than half of whom may be sitting members of the Names
Council. The Elections Committee shall oversee the election of the DNSO's
representatives on the ICANN Board of Directors and provide such other
assistance as requested by the President.
4.2 Nomination by Petition.
The Elections Committee Chair shall call for nominations by petition for
the ICANN Director positions from the General Assembly in an e-mail to
all members and in an announcement posted on the DNSO web site. The
announcement will include procedures for nominations by petition and will
be made at least 30 days prior to the mailing or distribution of ballots.
A petition nominating a DNSO member meeting the eligibility requirements
and supported by the identifiable signatures of at least 50 members of
the General Assembly shall automatically place that member's name on the
slate of nominees, provided such petition is received by the Elections
Committee Chair within 30 days after the call for nominations. Such
petitions must be submitted with the knowledge and agreement of the
nominee.
4.3 Election Procedures
In the case that more candidates are proposed than there are vacancies
for DNSO nominations to the Board, the positions will be filled using a
method such as single transferable voting as selected by the Names
Council. The DNSO nominees to the ICANN Board will have staggered terms
of office to ensure continuity. Election to the staggered terms shall
follow the method set forth in Section 4.6 below.
4.4 Eligibility.
Any member of the General Assembly in good standing, not serving as a
member of the Names Council or the Elections Committee and not otherwise
disqualified, is eligible for election to the ICANN Board of Directors.
4.5 Ballots and Voting.
The Elections Committee Chair shall provide the names of the nominees,
biographical overviews, and individual position statements for
preparation, mailing, and tallying of ballots to all members of the
General Assembly. The Elections Committee shall use whatever means it
deems appropriate and accurate to distribute, collect and tally ballots.
4.6 Election.
The candidate(s) receiving the highest number of votes shall be elected
to fill the DNSO seats on ICANN's Board of Directors. For the initial
election, the person receiving the most votes shall be elected to fulfill
the three-year term, the person receiving the next highest number of
votes shall be elected to fulfill the two-year term, and the person
receiving the third highest number of votes shall be elected to fulfill
the one-year term.
4.7 Notification of Election Results.
Immediately upon receiving the election results, the Elections Committee
Chair shall notify all candidates, the DNSO's Officers, Names Council
members, the membership of the DNSO, and the Chair of ICANN's Board of
Directors.
4.8 Removal of Board Members.
If, in the opinion of the Names Council, a member of the ICANN Board
elected by the DNSO is no longer capable of fulfilling his or her
responsibilities, or is no longer operating in the best interest of the
DNSO, the Names Council may, by 2/3 vote, call a Special Referendum of
the Membership asking for removal of that Board member. Such a Special
Referendum may also be called by means of a petition signed by at least
25% of the members of the General Assembly. If 2/3rds of the General
Assembly votes cast favor removal, and that a quorum of at least ten
percent of the membership of the General Assembly have voted, the Board
Member will then be removed.
In the event of removal of one or more DNSO elected members of the ICANN
Board, the Names Council will appoint one or more members (who is/are not
also currently serving on the Names Council), as a temporary measure. A
2/3 vote of the Names Council shall be necessary for such appointment.
The Names Council will then immediately seek nominations from the General
Assembly or a replacement to serve out the remainder of the removed Board
member's term. No Board member who has been removed will be eligible for
nomination. A Special Election of the Membership shall be held as soon as
practicable from the nominees submitted to the Names Council.
5.0 RESEARCH PROCESS
5.1 Reports and Recommendations.
When requested by ICANN or upon its own initiative, the DNSO, through the
Names Council, shall submit to ICANN a Report and Recommendation which
shall contain the policy recommendations of the DNSO. The process for
initiating consideration of a specific issue may be begun at the request
of any three members of the Names Council or by means of a petition
signed by at least 5% of the members of the General Assembly. Reports and
Recommendations made by the DNSO to ICANN shall be made by the process
set forth in this Section 5.
5.2 Research Committees.
For each matter upon which the DNSO begins consideration with respect to
a recommendation to ICANN, there shall be a Research Committee which will
consider the relevant issues, research the ramifications of particular
actions or inaction, review the comments and criticisms received by
interested individuals and experts, hold hearings on the issues before it
(unless there is a consensus among the members of the Research Committee
that such hearings are not necessary), attempt to reach consensus on the
correct resolution of the issue, and draft and revise any Report and
Recommendation.
5.3 Composition of Research Committees.
Each Research Committee shall be composed of General Assembly members
including at least two members of the Names Council not from the same
constituency and members of the General Assembly. In selecting members of
a Research Committee, the Names Council shall be guided by the need to
ensure regional diversity and the desire for professional and business
experience, technical expertise, and insights from affected parties on
the matters presented.
5.4 Expansion of Research Committee Membership.
If, at any time, the members of any Research Committee feel that they
need additional expertise or counsel on the issues before them, they may,
in their discretion and by a majority vote of the committee's members,
expand their membership by adding new committee members from the General
Assembly or from outside the DNSO with the requisite experience or
background.
5.5 Issue Statement.
After its members are appointed, each Research Committee shall meet to
discuss the issue(s) with which it has been presented, prepare a
timetable for the drafting of, and comments and revisions to, the Report
and Recommendation, and draft an Issue Statement. The Issue Statement
shall fairly frame the issue(s) on which the Report and Recommendation
shall be made to ICANN, and whenever practicable, provide an overview of
various positions and possible outcomes. The Research Committee shall
promptly post its proposed timetable and Issue Statement to the DNSO
website and invite comments from the General Assembly.
5.6 Comment Period and Open Meeting.
The Research Committee shall review all comments submitted in response to
the Issue Statement and shall schedule an Open Meeting of the General
Assembly at which interested persons can make additional statements and
discuss the issues presented with the Research Committee. Notice of the
Open Hearing shall be posted on the DNSO web site at least 30 days in
advance, and the Research Committee shall endeavor, to the extent
feasible and practicable, to permit participation by telephone or
videoconference. The Research Committee may hold additional Open
Meetings, if warranted.
5.7 First Request for Comments.
The Research Committee shall review all comments submitted in response to
the Issue Statement and consider the statements made and discussions held
at the Open Hearing and shall draft a Report and Recommendation
containing the tentative conclusions of the Research Committee, along
with a detailed statement of reasons why it has reached its tentative
conclusion. This draft Report and Recommendation shall be posted to the
DNSO website in the form of a "First Request for Comments."
5.8 Fair Hearing Petition.
If, after the First Request for Comments is published, any person,
corporation, or organization (the "Petitioner") feels that the proposal
outlined by the Research Committee places an unfair burden on the
Petitioner's personal, business or organizational interests, the
Petitioner may request a Fair Hearing. Each Petition for a Fair Hearing
shall include (i) a detailed statement of the harm that would be caused
if the proposal contained in the Request for Comments was adopted as
policy; (ii) a specific reference to the language in the Request for
Comments that would lead to the alleged harm; (iii) a specific proposal
for new or modified language that would alleviate or minimize the alleged
harm; and (iv) a statement of the Petitioner's professional or business
interests that would be impacted in any way by the adoption of its
proposed language. The Research Committee may either adopt the
Petitioner's suggested language or hold a Fair Hearing.
5.9 Fair Hearing.
A Fair Hearing required by Section 5.8 shall allow the Research Committee
and the Petitioner, its representatives and supporters to discuss and
debate the issues raised in the Fair Hearing Petition. Fair Hearings
shall be open to all DNSO members. The purpose of the Fair Hearing shall
be to seek consensus on the issues raised. After a Fair Hearing has been
held, the Research Committee shall report on the DNSO web site whether
consensus was reached, and if so, what was agreed by those present. Fair
Hearings shall be open in the same manner as Names Council meetings.
5.10 Implementation Preview.
In addition to filing a Fair Hearing Petition, any member of the
Registry, Registrar or ISP constituency which may be required to
implement a proposed policy pursuant to a contract with ICANN may ask,
after the First Request for Comments is issued, that such proposed policy
recommendation undergo an implementation preview from the registries. The
Names Council shall establish an implementation preview process that will
determine whether a substantial plurality of those registries which vote
to support such implementation or are or will be contractually committed
or able to do so. Policies that do not meet this criteria may be
forwarded to ICANN by the DNSO, but only if the Names Council
specifically informs the ICANN Board that the policy has not passed the
implementation preview, along with the details of the results. Those
participating in the implementation preview shall collaborate to submit a
timely report on their actions and views, including a record of the vote
of each member of the constituency, to the Names Council, and if
necessary, this Report will be forwarded to the ICANN Board with any
proposal which has not passed the implementation preview.
5:11 Further Review of Changes
Whenever a proposal has been changed as a result of the preceding
processes, any changes resulting from such processes shall be republished
on the DNSO website subject to review under the prior provisions of this
section. If the members of the Research Committee believe that
additional iterations of drafts, requests for comments, and/or public
hearings would be beneficial, they may be added by appropriate notice and
posting to the DNSO website.
5.12 Report to the Names Council.
After reviewing all comments submitted in response to a proposal, the
Research Committee shall prepare a Report and Recommendation for the
Names Council. This Report and Recommendation will be posted promptly to
the DNSO web site.
5.13 Names Council Action.
After a Report and Recommendation is submitted to it, the Names Council
shall reach a judgment as to whether or not there is a likelihood of
consensus in the General Assembly in support of the proposal. In such
case, the Names Council shall submit a Report and Recommendation to the
General Assembly membership for ratification; if this is done, the Report
and Recommendation shall be forwarded to the Elections Committee Chair,
who shall arrange for a ratification vote. A Report and Recommendation
shall be deemed ratified by the DNSO General Assembly if two-thirds of
those casting ballots vote in favor of the Report and Recommendation.
Each Report and Recommendation ratified by the General Assembly shall be
forwarded by the Names Council to the ICANN Board and shall include the
full research record.
6.0 ACCESS TO INFORMATION
6.1 Minutes and Reports.
The DNSO shall publish, at least annually, a report describing its
activities. Draft minutes of all DNSO meetings shall be published no
later than 48 hours. The Names Council at its next regular meeting will
formally approve minutes. All minutes, meetings, materials, and
communications of the DNSO (and any committees thereof) shall be made
publicly available immediately following approval by the Names Council.
6.2 DNSO Web Site.
The Names Council shall post on the public World Wide Web Site:
(a) Periodically a calendar of scheduled meetings for the upcoming year
and (b) in advance of each DNSO meeting or policy-recommendation
proceeding, a notice of the fact and time that such meeting or proceeding
will be held and, to the extent known an agenda for the meeting. If
reasonably practicable the Names Council shall post notices of special
meetings of the DNSO and of the Names Council at least fourteen (14) days
prior to the meetings.
6.3 On-line Participation
To ensure international and diverse participation, the proceedings of the
DNSO and the Names Council, as well as all Committees of the DNSO,
including voting, shall to the fullest extent possible, be conducted
on-line. The DNSO shall establish appropriate mailing lists to directly
notify members of its actions.
6.4 Preservation of Records
All records of the DNSO (including, but not limited to, Reports and
Recommendations to ICANN and all drafts of such Reports, minutes from all
DNSO committee meetings and public hearings, comments and proposals
received from third-parties, and mailing list archives) shall be
maintained and preserved on-line.
7.0 CONFLICT OF INTEREST
Any action by the Names Council in which a Names Council member is
personally and directly interested, shall be valid, provided (i) the fact
of such interest is previously disclosed or known to the Names Council,
and (ii) the Names Council shall nevertheless authorize, approve and
ratify such action at a meeting of the Names Council by a vote of a
majority of the members present, such interested member or members to be
counted in determining whether a quorum is present, but not to be counted
in calculating the majority of such quorum necessary to carry such vote.
8.0 INDEMNIFICATION
The ICANN shall indemnify all Names Council members and those working as
agents of the DNSO of ICANN for acts within their respective authorities
to the full extent permitted by the Not-For-Profit Corporation Law of the
State of California.
9.0 ADOPTION
These DNSO Rules shall be adopted by the ICANN as part of its By-laws
and/or board resolutions.
