DNSO.ORG DRAFT
APPLICATION TO BECOME THE DOMAIN NAME SUPPORT ORGANIZATION, pursuant to Art. I, Section 3(b) of the Bylaws of Internet Corporation for Assigned Names and Numbers (the "Corporation")

 

05-February-99

PARIS DRAFT PROPOSAL
APPLICATION FOR THE FORMATION OF THE DOMAIN NAME SUPPORTING ORGANIZATION

AIP/NSI
APPENDIX OF ADDITIONAL PROVISIONS FOR PARIS DRAFT PROPOSAL

 

INTRODUCTION

This application is made by the undersigned to become the Domain Name Support Organization ("DNSO"), pursuant to Article VI, Section 3 (b) of the Bylaws of the Corporation. The undersigned hereby commit to fulfill the undertakings and policies set forth in this application.

This application is organized under the headings set forth in Article VI, Section 3 (b) as follows:

I. Membership criteria for the DNSO, and for the Names Council to be created pursuant to Article VI, Section 3 (a) (ii) of the Bylaws of the Corporation.

II. Methods for developing substantive Internet policies and selecting Board Nominees.

III. Open and transparent non-discriminatory processes.

IV. Policies to ensure international and diverse participation.

V. Policies for disclosure to the Corporation by members of or participants in the DNSO of conflicts of interest or other financial interests in matters within the scope of the DNSO.

VI. Methods for funding the DNSO and providing funding for the Corporation.

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, a Names Council and 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 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 will be funded by ICANN). The DNSO shall have no role in funding ICANN.

The starting point for discussions within the DNSO will be that current registries operate under current RFCs. The purpose of the DNSO will be to provide a fair process, taking into account both historical relationships and the need for change, to evolve any new rules.

The Association of Internet Professionals and Network Solutions, Inc. are committed to the process of ensuring that the Bylaws of the Domain Names Supporting Organization reflect, to the greatest extent possible, a consensus of the internet community. To that end, they each endorse the "Paris Draft Proposal" and wish to state by means of this Appendix that they favor and support the addition of the following provisions to the "Paris Draft Proposal:"

[Changes are noted below alongside corresponding section of the Paris Draft.-- See Sections 3, 5, 6 and new Section 10]]

I. MEMBERSHIP CRITERIA

A. MEMBERSHIP IN THE DNSO:

The DNSO membership shall consist of constituencies, as described below. Each constituency shall self-organize and determine its own criteria for membership. Such criteria shall be publicly available. Each constituency shall meet at least once a year, and all the constituencies combined shall meet as a general assembly at least once a year.

B. MEMBERSHIP IN THE CONSTITUENCIES:

The constituencies described herein are an initial set of constituencies. The DNSO and the Names Council will develop fair and open procedures for the creation, deletion, and merger of constituencies; and adjustment of the representation of constituencies on the Names Council. In terms of creating new constituencies, there has been some interest expressed that a category be created for additional Internet technology and content providers, such as the Internet access software and portal segments of industry.

The constituencies (listed alphabetically) 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.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.

3.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.

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.

An entity may be a member in more than one constituency if it meets the criteria for each constituency for which it applies and pays the applicable dues or membership fees for each constituency.

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 The Names Council.

The Names Council is the Steering Committee for the DNSO, elected through 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.

2.4 One Vote.

Each member of the General Assembly shall be entitled to one vote.

2.5 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.

NAMES COUNCIL

There shall be a Names Council initially consisting of 18 members, elected from time to time by the members of the DNSO, following the procedures set forth below. Each constituency shall each have the right to elect the same number of members of the Names Council. If at some later date another constituency or constituencies are added, the number of members of the Names Council shall be adjusted so that each constituency shall continue to have the right to elect the same number of members.

Within four weeks after acceptance by the Corporation of this application, the Names Council shall form itself initially by means of a meeting of representatives of all entities that have subscribed to the application in the form in which it is accepted by the Corporation. The meeting shall select an Initial Names Council that shall have only the power to establish procedures for the formation of the constituencies, the assessment of fees for the start-up process and such further administrative steps as are necessary to form the DNSO. The Initial Names Council shall not have any power to make recommendations to the Corporation or to nominate directors of the Corporation.

The initial list of constituencies and number of members of the Names Council is set forth below:

1. Commercial and business - 3
2. ISP and connectivity providers &endash; 3
3. Non-commercial - 3
4. Registrars - 3
5. Registries - 3
6. Trademark and anti-counterfeiting interests - 3

In order to ensure broad international representation on the Names Council, at least one citizen of a country located in each of the geographic regions listed below shall serve on the Names Council at all times. As used herein, each of the following shall be a "Geographic Region": Europe; Asia/Australia/Pacific; Latin America/Caribbean Islands; Africa; North America. The specific countries included in each Geographic Region shall be determined by the Names Council, and this Section shall be reviewed by the Names Council from time to time (but at least every three years) to determine whether any change is appropriate, taking account of the evolution of the Internet. The Names Council shall meet regularly on a schedule determined by its members, but not less than 4 times per year. Unless otherwise provided (see Section II), a majority vote of the members attending a Names Council meeting at which a quorum is present shall be sufficient for the conduct of its business.

Meetings may be held in person, via videoconference or teleconference, at the discretion of the Names Council. The Names Council shall post minutes of its meeting to the DNSO web site as soon a practicable, after the meeting has concluded. 

Robert's Rules of Order (Revised), or whatever other rules shall be agreed to by the Names Council, shall govern the conduct of Names Council meetings on all matters not otherwise specified by the Bylaws or the Constitution, if any, that may be adopted by the Names Council.The Names Council may from time to time appoint research or drafting committees to review matters, draft proposals and provide expert recommendations to the Names Council. Such committees shall be composed of at least one representative from each constituency.

D. APPLICATIONS FOR MEMBERSHIP IN CONSTITUENCIES 1-6

Applications for membership in the constituencies 1-6 shall be submitted to the relevant constituency which shall accept or reject the application according to its own criteria.

E. ELECTION OF THE NAMES COUNCIL

Upon completion of the work of the Initial Names Council, but not less than six weeks after acceptance by the Corporation of this application, the membership will form itself according to the structure established by this application and elect members of the Names Council in accordance with the procedures set forth below.

Members of each constituency shall nominate individuals to represent that constituency on the Names Council. Nominations within each constituency may be made by any member of the constituency, provided, however, that each member of a constituency may make no more than one nomination for a Names Council member representing that constituency. An entity that is a member of more than one constituency may make one nomination for each constituency of which it is a member. However, no individual or entity may hold more than one Names Council "seat." Every nominee shall be identified as representing a particular geographical region.

Elections for Names Council members shall be held once each year for vacant seats. The term of office for each member of the Names Council is two years, staggered so that each year one half of the Names Council members shall be elected.

The Names Council shall determine appropriate procedures

1. to ensure the international representation prescribed for its membership,
2. to select the terms of the initial members so as to ensure staggered terms and
3. to select a Chairman and appropriate staffing

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. The initial constituencies shall be recognized by the ICANN Board based on the following criteria:

1. Constituencies other than the constituency representing registries, shall represent at least 5% of the members of the General Assembly.
2. Constituencies shall be open to membership without regard to geographic location.
3. Constituencies shall adopt open and transparent processes that comply with these Rules and the ICANN Bylaws.
4. 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.

b. 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).

c. In the event that the Names Council so selected does not include a member from any particular region, members of the General Assembly resident in such region shall select an additional Name Council Member from such region.

d. Following recognition of the initial constituencies, additional qualifying constituencies shall be recognized by the Names Council. Otherwise, recognition, deletion and merger of constituencies shall be effected by fair procedures established by the Names Council.

e. 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 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.

3.4 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 voteof 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.

3.5 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.

3.6 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 3.0 below, the Names Council shall post minutes of its meeting to the DNSO web site within 2 business days after the meeting has concluded.

3.7 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.

3.8 Names Council - Voting on Record

The Names Council shall record in its minutes the position and expressed viewsof every Names Council member on every Names Council action.

3.9 Executive Sessions of Names Council.

When necessary and appropriate to protect the confidentiality of any matter before it, the Names Council may 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.

3.10 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.

3.11 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.

It is proposed that Section 3.2(a)(1) be amended to read:

1. Constituencies other than the constituencies representing registries and registrars, shall represent at least 5% of the members of the General Assembly.

II. METHODS FOR DEVELOPING SUBSTANTIVE INTERNET POLICIES AND SELECTING BOARD NOMINEES

A. Substantive Internet Policies

The Names Council is delegated the task of managing the development of policy recommendations regarding TLDs, including the operation, assignment and management of the domain name system and other related subjects, and, in accordance with Article VI, Section 3(a)(ii) of the Corporation's Bylaws, the Names Council shall make recommendations on such subjects to the Corporation's Board.

The Names Council is intended to act primarily as an administrative and management body. It will only undertake greater authority or issue final policy recommendations when needed due to urgent questions of Internet stability, time deadlines for recommendations established by the Corporation (and then with as much consultation as time permits) or after proper consultation and comment/redrafting with the constituencies.

The Names Council shall seek input and review of its recommendations from each of the constituencies.

Constituencies may provide initial input to the Names Council on a given topic. If the Names Council undertakes consideration of a topic, or if a constituency requests consideration of a topic, the Names Council shall designate one or more research or drafting committees, as appropriate, and shall set a time frame for the draft. The draft shall then be returned from the committee for review by Names Council. The Names Council may either accept the draft for submission back to constituencies for comment and consultation or return the draft to the committee for further work. After the draft is submitted to the constituencies and the comment period for the constituencies is over, the Names Council shall evaluate the comments to determine whether there is the basis for a consensus recommendation.  

A consensus recommendation is one that is supported by the affirmative vote of two thirds of the members of the Names Council and is not opposed by the votes of all of the representatives of any two constituencies. If a consensus recommendatio is developed, any constituency may file a statement of its dissenting view to accompany the recommendation to the Board of the Corporation. If a recommendation is supported by an affirmative vote of more than one half but less than two-thirds of the members of the Names Council, the Council shall submit the recommendation to the Board of the Corporation with statements of majority and minority views. If a recommendation is not supported by affirmative vote of at least one half of the members of the Names Council, the Names Council will submit the proposed recommendation back to the drafting committee for re-drafting consistent with constituency comments.

B. Selecting Nominees to the Board of the Corporation

Each year, the Names Council shall request that each constituency appoint one representative to serve on a nominating committee for the nomination of candidates to serve on the Board of the Corporation. The representatives appointed by the constituencies (or in the event of the failure of a constituency to appoint, a substitute from that constituency selected by the Names Council) shall nominate one candidate from each of the geographical areas specified in Article I.C. above.

The Names Council shall have the power to select three candidates for the first round of nominations to the Board of the Corporation, with terms of one, two and three years respectively, and one candidate for a three year term each year thereafter, from among those nominated by the nominating committee. In order for a candidate to be selected, the candidate must have yhe affirmative votes of at least one-half the members of the Names Council. The Names Council shall establish procedures for run off voting, if necessary, to ensure that the selected candidates each have the support of the affirmative votes of at least one-half the members of the Names Council.

C. General

The DNSO, the Names Council and each of the constituencies will establish on-line methods of meeting, conducting ballots and developing consensus. Applicable Internet Engineering Task Force (IETF) procedures and other relevant models will be examined as a possible model.

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 2/3rds 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 feels 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 either

1. places an unfair burden on the Petitioner's personal, business, or organizational interests, or
2. is not in the best interests of the domain name system, the Petitioner may request a Fair Hearing.

Each Petition for a Fair Hearing shall include

1. a detailed statement of the harm that would be caused if the proposal contained in the Request for Comments was adopted as policy;
2. a specific reference to the language in the Request for Comments that would lead to the alleged harm;
3. a specific proposal for new or modified language that would alleviate or minimize the alleged harm; and
4. 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 Implementation Preview

In addition to filing a Fair Hearing Petition, any member of the Registry 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 (3/4ths) of those registries which vote support such implementation or are or will be contractually committed to do so. Policies that do not meet this criteria shall not be forwarded to ICANN by the DNSO or adopted by ICANN. Registries 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 registry, to the Names Council.

5.10 Fair Hearing.

A Fair Hearing required by Sections 5.8 or 5.11 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.

5.11 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 and subject to review under the prior provisions of this section.

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 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.

It is proposed that Section 5.9 be amended to read:

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.

III. OPEN AND TRANSPARENT NON-DISCRIMINATORY PROCESSES

A. General

The processes of the Names Council (and the processes of each constituency) shall be governed by the same provisions for open and transparent non-discriminatory processes as those of the Board of the Corporation. A general mechanism for review of conflicts and grievances will be developed. This mechanism shall include the appointment, from time to time, if supported by an affirmative vote of one third of the Names Council, of a Fair Hearing Panel. This panel will have such powers and responsibilities for review of conflicts and grievances as may be delegated to it by the Names Council. 

B. Minutes and Reports.

The DNSO shall publish, at least annually, a report describing its activities and including an audited financial statement and describing any payments made by the DNSO to Directors (including reimbursements of expenses). Draft minutes of all DNSO meetings shall be published as soon as practicable. 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.

C. DNSO Web Site.

The Names Council shall post on a public World Wide Web Site:

1. a calendar of scheduled meetings for the upcoming year; and
2. 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 days prior to the meetings. As appropriate, the Names Council will facilitate the translation of final published documents into various appropriate languages.

D. 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, shall to the fullest extent possible, be available on-line. The Names Council shall consult with the general assembly of the constituencies to develop a process to enable on-line comments on drafts and discussion topics.

IV. POLICIES TO ENSURE INTERNATIONAL AND DIVERSE PARTICIPATION

Because of the composition of the Names Council, there will automatically be international and diverse participation.

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:

1. Periodically a calendar of scheduled meetings for the upcoming year, and
2. 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.

It is proposed that a new section 6.4 would be added, which would read:

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.

V. POLICIES FOR DISCLOSURE TO THE CORPORATION BY MEMBERS OF OR PARTICIPANTS IN THE DNSO OF CONFLICTS OF INTEREST OR OTHER FINANCIAL INTERESTS IN MATTERS WITHIN THE SCOPE OF THE DNSO.

These policies shall be the same as those for the Board of the Corporation.

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 ameeting 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.

VI. METHODS FOR FUNDING THE DNSO AND PROVIDING FUNDING FOR THE CORPORATION

The DNSO shall fund its own expenses, including the costs of DNSO and Names Council membership and other meetings and communications. It is presently the understanding of the drafters of this application that the Corporation is not expecting the Supporting Organizations to provide funding for the Corporation.

The Names Council shall draw up a budget for each calendar year, which shall include receipts, and all expenditures for which the DNSO is responsible. These include the administrative costs for DNSO and other expenditures for membership meetings, conferences and hearings. The budget shall include a provision for reasonable reserves, not to exceed a percentage to be determined of the previous year's budget.

Members of the Names Council shall serve without compensation, provided, however, that members of the Names Council may be reimbursed by the DNSO for out of pocket expenses incurred in connection with their function if the expense is objectively necessary, and if the member seeking reimbursement can document the expense and show plausibly that the member could not perform the member's duties as a member of the Names Council without such reimbursement. Such reimbursement may include the cost of travel and reasonable expenses for attending the meetings, where the member indicates that such reimbursement is necessary to ensure their participation.

The general assembly of the constituencies shall determine a fair means of allocating membership dues among its membership.

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.

APPENDIX

A. 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.

It is proposed that a new section 10 would be added, which would read:

10.0 MEMBERSHIP COMMITTEE

A Membership Committee of the DNSO shall be formed, comprised of one member of the Names Council, who will also act as the Committee's Chairman and report on Committee activities to the Names Council, and one member of each of the Constituencies. The Membership Committee's function will be to review applications for voting membership in the DNSO.

The Names Council member of the Membership Committee will act to assure that all applicants for membership in the DNSO fulfill the minimum criteria for membership in the DNSO. The other Committee members will act to assure that applicants have applied with the appropriate Constituencies, and that they fulfill the Constituencies' minimum requirements for membership.

The Committee will circulate applications for membership among its members, or otherwise perform its function, with as little expenditure of time and effort as possible and by employing Internet-based communications. It is understood that the Committee's function is to include in the DNSO as many entities with an interest in domain names as possible, rather than to exclude any entities or parties by devising restrictive practices or by exerting personal prejudice, and that cases of rejection of an application for membership in the DNSO will be unusual, the onus of defending such rejections bearing on the Committee. There will furthermore be no investigation of applicants beyond the ascertainment of their personal identity, nor any other measures restrictive to individual freedom and the right to privacy.

SUPPORTING ORGANIZATIONS

• Electronic Commerce Europe (ECE)
• European ISP Association (EuroISPA)
• Information Technology Association of America (ITAA)
• International Chamber of Commerce (ICC)
• International Council of Registrars (CORE)
• International Trademark Association (INTA)
• Internet Society (ISOC)
• Policy Oversight Committee (POC)
• World Information Technology and Services Alliance (WITSA)

APPLICATION SPONSORS

• Association of Internet Professionals (AIP)
• Network Solutions, Inc.
• Open Root Server Confederation (ORSC)

SUPPORTING ORGANIZATIONS

• Domain Name Rights Coalition (DNRC)
• Internet Service Provider Consortium (ISP/C)
• International Congress of Independent Internet Users (ICIIU)
• Image Online Design
• DSO Internet Services

ENDORSING REGISTRIES 

   .COM, .NET, .ORG (NSI)

   .BI (Burundi)

   .BR (Brazil)

   .CD (Congo Democratic Republic)

   .CG (Republic of Congo)

   .DO (Dominican Republic)

   .GF (French Guyana)

   .GG (Guernsey)

   .GP (Guadeloupe)

   .GS (South Georgia)

   .JE (Jersey)

   .KZ (Kazakhstan)

   .LC (Saint Lucia)

   .MS (Montserrat)

   .MX (Mexico)

   .NU (Niue)

   .PN (Pitcairn)

   .PH (Philippines)

   .RW (Rwanda)

   .TC (Turk and Caicos)

   .TF (French Southern Territories)

   .TT (Trinidad and Tobago)

   .VE (Venezuela)

   .VG (British Virgin Islands)

We formally suggest that these changes be considered by the wider community for the addition to and amendment of the "Paris Draft Proposal."  

Signed,

The Association of Internet Professionals (AIP)
Andrew Q. Kraft, Executive Director, akraft@association.org

Network Solutions, Inc. (NSI)
Donald N. Telage, Senior Vice President, dont@netsol.com