|
|
The following comparison uses the ICANN Proposal submited by the Internet Assigned Numbers Authority (IANA) as a framework. In this comparison, additions to the framework by the other two proposals are noted in colors blue and red and deletions are noted in italics. This comparison enables us to focus on the differences.
|
BLACK Text |
ICANN Proposal submitted by IANA |
|
BLUE Text |
Proposal by the Boston Working Group |
|
RED Text |
Proposal by the Open Root Server Confederation (not completed here) |
|
ITALICS Text |
Text deleted from the ICANN Proposal by BWG and ORSC |
1. PREAMBLE and STATEMENT OF PURPOSE
- The Internet has grown to be a worldwide system with significant effects on people, schools, organizations, businesses, and governments everywhere. It is no longer reasonable for the operation of the Internet to be performed through informal arrangements. These Articles of Incorporation and any By-Laws adopted hereunder are intended to establish an open, accountable, responsive, and transparent entity to assume certain limited managerial yet critical roles with respect to the Internet. Necessarily the Corporation hereunder must be initially composed of a relatively small number of participants. However it is a fundamental principal that this Corporation move with rapidity to be more broadly based.
- The purpose of these Articles and supporting By-laws is to create an entity consistent with the requirements and aspirations expressed in the document commonly referred to as the "White Paper" issued by the United States Department of Commerce's National Telecommunications and Information Administration on the "Management of Internet Names and Addresses", Docket Number: 980212036-8146-02 and to guarantee that such entity shall perform its functions so as to foster a fair, open, transparent and competitive environment for the Internet, assuring equal access to essential resources.
1. 2. The name of this corporation is Internet Corporation for Assigned Names and Numbers (the "Corporation").
2. 3. The name of the Corporation's initial agent for service of process in the State of California, United States of America is C T Corporation System.
3. 4. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. The Corporation is organized, and will be operated, exclusively for charitable, educational, and scientific purposes within the meaning of ß 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), or the corresponding provision of any future United States tax code. Any reference in these Articles to the Code shall include the corresponding provisions of any further United States tax code. In furtherance of the foregoing purposes, and in recognition of the fact that the Internet is an international network of networks, owned by no single nation, individual or organization, the Corporation shall, except as limited by Article 5 hereof, pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet by (i) coordinating the assignment of Internet technical parameters as needed to maintain universal connectivity on the Internet; (ii) performing and overseeing functions related to the coordination of the Internet Protocol ("IP") address space; (iii) performing and overseeing functions related to the coordination of the Internet domain name system ("DNS"), including the development of policies for determining the circumstances under which new top-level domains are added to the DNS root system; (iv) overseeing operation of the authoritative Internet DNS root server system; and (v) engaging in any other related lawful activity in furtherance of items (i) through (iv).
4. The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities with due regard for applicable local and international law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets.
5. Notwithstanding any other provision (other than Article 8 7) of these Articles:
6. To the full extent permitted by the California Nonprofit Public Benefit Corporation Law or any other applicable laws presently or hereafter in effect, no director of the Corporation shall be personally liable to the Corporation or its members, should the Corporation elect to have members in the future, for or with respect to any acts or omissions in the performance of his or her duties as a director of the Corporation. Any repeal or modification of this Article 6 shall not adversely affect any right or protection of a director of the Corporation existing immediately prior to such repeal or modification.
7. Upon the dissolution of the Corporation, the Corporation's assets shall be distributed for one or more of the exempt purposes set forth in Article 3 hereof and, if possible, to a ß 501 (c)(3) organization organized and operated exclusively to lessen the burdens of government and promote the global public interest in the operational stability of the Internet, or shall be distributed to a governmental entity for such purposes, or for such other charitable and public purposes that lessen the burdens of government by providing for the operational stability of the Internet. Any assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, as such court shall determine, that are organized and operated exclusively for such purposes, unless no such corporation exists, and in such case any assets not disposed of shall be distributed to a ß 501(c)(3) corporation chosen by such court.
8. Notwithstanding anything to the contrary in these Articles, if the Corporation determines that it will not be treated as a corporation exempt from federal income tax under ß 501(c)(3) of the Code, all references herein to ß 501(c)(3) of the Code shall be deemed to refer to ß 501(c)(6) of the Code and Article 5(a)(ii), (b), (c) and (e) shall be deemed not to be a part of these Articles.
9. These Articles may be amended by the affirmative vote of at least two-thirds of the directors of the Corporation. Should the Corporation elect to have members, any such amendment must be ratified by a two-thirds (2/3) majority of the members voting on any proposed amendment.
9. The Board shall move to a membership structure with all deliberate speed. Until a membership structure has been established, these Articles can be amended only by theaffirmative vote of at least three-quarters of the Directors. Once the Corporation has a membership structure, these Articles may be amended only by the affirmative vote of atleast three-quarters of the votes cast by members.
10. The Corporation is expected to enter into an agreement with the United States through which the United States will convey to the Corporation certain rights and privileges, many of which are in the form of intangible goodwill. These include the ability to edit and publish the set of files comprising the root zone of the Domain Name System (DNS), designate the set of official root DNS servers, allocate the IP address space in whole or in part, and assign protocol parameters. These rights and privileges shall be collectively known as the "fundamental assets". The Corporation may neither alienate, encumber, nor use as security any of the fundamental assets, in whole or in part, except that the Corporation may enter into contracts, not to exceed five (5) years in duration, under which use of these fundamental assets, in whole or in part, may be licensed to a third party for purposes consistent with these Articles.
