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Esther and the ICANN Board of Directors;
The Top Level Domain Association (TLDA) submits this memo for
immediate reconsideration of the TLDA as an ICANN recognized gTLD DNSO
constituency as defined in the ICANN Bylaws (including published
amendments). It is the position of the TLDA that its organizing
efforts have met or exceeded ICANN requirements for consideration, and
that further delay in recognition is both contrary to published ICANN
bylaws and detrimental to the best interests of the Internet
community.
Upon reviewing the published ICANN Bylaws, we find no provision for
the exclusion of a constituent of the gTLD DNSO based on its status as
a functioning gTLD registry. The TLDA represents organizations with a
bonafide, demonstrable interest in the formation, organization,
management and operation of gTLDs. This interest has been shown by
the long term involvement of the constituent TLDA associate
organizations and individuals in gTLD topics. Many of these entities
have been directly involved in said topics for more than four years,
with established, copyrighted potential TLDs.
Below are sections of the published ICANN Bylaws, with appropriate
notes following each section.
+++++
- From New Article VI of the ICANN Bylaws:
"Section 3: SUPPORTING ORGANIZATION FORMATION
(a) The initial Supporting Organizations contemplated by Section 1(b)
of this Article VI shall be formed through community consensus, as
reflected in applications or similar proposals to create an initial
Supporting Organization. The Board shall recognize that consensus
through the publication and subsequent adoption, by a two-thirds (2/3)
vote of all members of the Board, of amendments to these Bylaws
establishing the Supporting Organization. Such amendments shall, in
the Board's judgment, (1) be consistent with these Bylaws; (2) ensure
that the full range of views of all interested parties will be fairly
and adequately reflected in the decisions of the Supporting
Organization; and (3) serve the purposes of the Corporation. Upon the
adoption of such Bylaw amendments, the Supporting Organization shall
be deemed to exist for purposes of these Bylaws. Once accepted by the
Board through the amendment of these Bylaws and the failure of the
Board to disapprove any subsequent decisions by the Supporting
Organizations or their constituent bodies, the procedures of the
Supporting Organizations shall prevail in the case of any
inconsistency with any other provisions of these Bylaws."
NOTES:
The first sentence in (a) refers to formation through community
consensus. The currently proposed gTLD DNSO constituency reflects the
participation of a single community entity, with no defined provision
for additional constituents, nor direction from the Board to include
other pertinent organizations and individuals as constituents. This
is clearly in defiance of the published direction.
The second sentence refers to a board process which will vote on the
establishment of the SO. I am not aware of any vote taken regarding
the TLDA. If such a vote was taken by the Board, it was certainly
done without regard to the Bylaws and without notification to the
organizing parties of the TLDA.
+++++
NEW ARTICLE VI-B: THE DOMAIN NAME SUPPORTING ORGANIZATION
"Section 3: THE CONSTITUENCIES
(a) Each Constituency shall self-organize, and shall determine its own
criteria for participation, except that no individual or entity shall
be excluded from participation in a Constituency merely because of
participation in another Constituency. The Board shall recognize a
Constituency (including the initial Constituencies described in (b)
below) by a majority vote, whereby the Constituency shall be deemed to
exist for purposes of these Bylaws."
NOTES:
The TLDA has met all published ICANN self-organization criteria. We
believe that our proposal has not been thoroughly or fairly
considered, and that the board should immediately review the potential
of recognition as set forth in the potential paths detailed below.
"(d) Any group of individuals or entities may petition the Board for
recognition as a new or separate Constituency. Any such petition will
be posted for public comment pursuant to Article III, Section 3. The
Board may create new Constituencies in response to such a petition, or
on its own motion, if it determines that such action would serve the
purposes of the Corporation. In the event of a staff recommendation
that the Board should recognize a new constituency, the Board shall
post that recommendation, including a detailed explanation of why such
action is necessary or desirable, set a reasonable time for public
comment, and not make a final decision on whether to create such new
Constituency until after reviewing all comments received."
NOTES:
The TLDA has, and hereby again, petitions the Board for recognition as
a legitimate constituency. We believe the appropriate DNSO for our
participation is the gTLD DNSO. We are, however, willing to consider
an alternative proposal from the Board. It is our belief that the
value of the TLDA and its represented organizations and individuals is
more important than the DNSO group with which we are associated.
The last sentence in (d) refers to a review of public comments
regarding any proposed constituency. Public comment has been
overwealmingly positive regarding the formation the the TLDA.
+++++
The TLDA believes that ICANN has the responsibility to itself and the
Internet community to address the gTLD constituency issues we bring
forward with all due haste. We further believe there are several
potential paths which ICANN could pursue:
- - The addition of the TLDA as a constituent of the gTLD DNSO, creating
a second represented entity, and filling an additional Names Council
Representative seat.
- - A mandate to NSI to pursue a single compromise gTLD DNSO
constituency with the TLDA and others who demonstrate an appropriate
interest.
- - A review and reconsideration of the TLDA proposal as THE gTLD DNSO
constituency, with special consideration to include NSI as a principal
organizing associate.
- - Recognition of the TLDA as an additional ICANN DNSO constituency
representing gTLD issues including, but not limited to, those of gTLD
registries.
We encourage all public comments to be forwarded to Esther Dyson, the
ICANN Board and to the TLDA interim secretary ([EMAIL PROTECTED]).
The TLDA and its associate organizations and individuals would welcome
any discussion the ICANN Board deems as necessary for the further
consideration of these important issues.
Your prompt consideration and response to this memo is greatly
appreciated.
Regards,
Gene Marsh
interim secretary, Top Level Domain Association
(330) 498-2670
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