Hi,
We were talking about the NCSG charter in this case.
But glad to hear that the NCUC charter will be updated into conformance
with the NCSG charter in the near future. Has been one of my complaints
for years, even tried to help once or twice to no avail. so, you have my
thanks and my congratulations.
avri
On 14-Aug-16 18:42, Mueller, Milton L wrote:
> Avri, Ed
> There is a well-defined process for changing the charter....in the current NCUC bylaws.
> We (the EC) have been working on that for the past year, and were getting ready to formally put a whole set of changes into place for the next election.
>
> --MM
>
>> -----Original Message-----
>> From: NCSG-Discuss [mailto:[log in to unmask]] On Behalf Of
>> avri doria
>> Sent: Sunday, August 14, 2016 6:45 AM
>> To: [log in to unmask]
>> Subject: Re: PROPOSED NCSG CHARTER AMENDMENT
>>
>> Hi,
>>
>> Sorry, I misunderstood your proposal. I thought you were recommending that
>> the NCSG-EC just change the charter as an executive action. Not that they
>> recommend charges to the charter that would then be put to a vote as per the
>> charter.
>>
>> avri
>>
>>
>>
>> On 14-Aug-16 06:19, Edward Morris wrote:
>>> Hi Avri,
>>>
>>>
>>>
>>> ----------------------------------------------------------------------
>>> --
>>>
>>> /Interesting idea./
>>>
>>> Thanks very much for that.
>>>
>>>
>>> /I question that the NCSG EC is empowered to make such a change. I
>>> rather believe that the process defined in the Charter needs to be
>>> followed. We will soon have a voting. Get the required signatures, and
>>> this can go on the ballot./
>>>
>>>
>>> I believe the NCSG EC has the power to propose such a change although,
>>> of course, any such proposal would be subject to approval by the full
>>> membership. I could be wrong - you, not me, are the expert on these
>>> things - but the way I read the Charter there appear to be a few ways
>>> to activate a proposal for Charter change:
>>>
>>> ----
>>>
>>> /5.0 Amendments to the NCSG Charter./
>>>
>>> /Proposals to amend this charter may be submitted by five (5) percent
>>> of the then-current members eligible to vote, based on the weighted
>>> voting as defined in section 4.0. Proposals may also be put forward by
>>> the NCSG-EC or the ICANN Board of Directors or one of the Board's
>>> committees.
>>>
>>> Amendments proposed by the NCSG members or the NCSG-EC will only take
>>> effect after there has been a membership review, approval by 60% vote
>>> of NCSG members using the weighted voting defined in section 4.0 and
>>> final review/approval by the ICANN Board of Directors. Amendments
>>> proposed and approved by the ICANN Board of Directors or one of its
>>> Committees will only take effect after membership review and approval
>>> by 60% vote of the NCSG members using the weighted voting defined in
>>> section 4.0. The ICANN Board may require proposed amendments to be
>>> posted for public comment prior to taking its decision on the
>>> proposal./
>>>
>>>
>>> ----
>>>
>>> The way I read our Charter, a petition by members, a proposal by the
>>> NCSG EC or a proposal by the ICANN Board or one of it's committees
>>> appear to be the four options for commencing a proposal to change the
>>> Charter.
>>>
>>> It certainly is not easy to change the NCSG Charter - that's why I
>>> thought an effort led by the NCSG EC would have the best chance of
>>> success. We would have to be largely united on this for it to succeed
>>> and if the EC wanted it to happen I'd assume it would have a decent
>>> chance. There are also some new administrative requirements for
>>> Charter change imposed by ICANN in 2013 that a structure like the EC
>>> is perhaps better equipped to handle than would an ad hoc group of
>>> volunteers.
>>>
>>> Nevertheless, if a petition is the way to go I'm happy to work with
>>> others to try to make it happen. I'm not wedded to any particular
>>> approach or specific textual change. I just thought that the situation
>>> highlighted by the recent conflict in the NCUC illustrated a potential
>>> problem with our Charter that could be best met proactively and
>>> positively going forward by Charter change of this type. Happy to hear
>>> and consider other ideas and perspectives.
>>>
>>> Kind Regards,
>>>
>>> Ed
>>>
>>>
>>>
>>>
>>>
>>> On 13-Aug-16 08:15, Edward Morris wrote:
>>>> Hello,
>>>>
>>>> As many of you are aware, the Noncommercial Users Constituency
>>>> (NCUC) is currently dealing with a very delicate situation
>>>> concerning the membership eligibility of a member of it's Executive
>>>> Committee. While offering no opinion at this time on the substance
>>>> or procedural validity of the ongoing situation at the NCUC, I do
>>>> want to thank the NCUC Executive Committee for directing our
>>>> attention to the issue of membership criteria not only of the NCUC but
>> also of the NCSG.
>>>> Preferring to look forward rather than backwards, I believe the NCSG
>>>> EC has identified a potential problem regarding the NCSG's
>>>> membership criteria that we need to fix immediately. Failure to do
>>>> so could, in the worst case scenario, result in the NCSG being
>>>> captured by the special interest groups we traditionally have
>>>> opposed and combatted in ICANN.
>>>>
>>>> I hereby propose an amendment to the NCSG Charter that will ensure
>>>> that applicants and members of the NCSG are truly individuals and
>>>> institutions dedicated to the advancement of noncommercial interests
>>>> in ICANN.
>>>>
>>>> *PROBLEM DEFINED*
>>>>
>>>> The issue at hand concerns membership criteria applicable to
>>>> individual members and applicants of and to the Noncommercial Users
>>>> Stakeholder Group (NCSG). Although this issue pertains to membership
>>>> requirements both of the NCSG and NCUC my proposal herewith applies
>>>> only to the NCSG. As the Not-for-Profit Operational Concerns
>>>> Constituency (NPOC) admits only institutional members it does not
>>>> have the same challenges the NCUC and the NCSG face in this regard.
>>>> I have been informed that the NCUC EC is currently revising their
>>>> Bylaws and trust that this membership criteria problem will be
>>>> addressed in their internal reforms.
>>>>
>>>> Section 2.2.5 of the NCSG Charter, concerning Individual Members,
>>>> reads as follows:
>>>>
>>>> ---
>>>>
>>>> Individual persons who agree to advocate for a noncommercial
>>>> public-interest position within the Stakeholder group and who fall
>>>> within one of the following three categories are eligible to join as
>>>> an "Individual Member":
>>>>
>>>> 1. An Individual who has registered domain name(s) for personal,
>>>> family or other noncommercial use; or
>>>>
>>>> 2. An Individual Internet user who is primarily concerned with the
>>>> noncommercial public-interest aspects of domain name policy, and is
>>>> not represented in ICANN through membership in another Supporting
>>>> Organization or GNSO Stakeholder Group; or
>>>>
>>>> 3. An Individual who is employed by or a member of a non-member
>>>> noncommercial organization (universities, colleges, large NGOs) can
>>>> join NCSG in his or her individual capacity if their organization
>>>> has not already joined the NCSG. The Executive Committee shall, at
>>>> its discretion, determine limits to the total number of Individual
>>>> members who can join from any single organization (provided the
>>>> limit shall apply to all Organizations, of the same size category, equally).
>>>>
>>>> An individual who is a member of or employee of a noncommercial
>>>> organization, which is itself a member of the NCSG, may apply for,
>>>> or retain membership, in the NCSG only under the first criteria for
>>>> individual membership, i.e. be an individual noncommercial registrant.
>>>> Such membership is subject to Executive Committee review.
>>>>
>>>> ---
>>>>
>>>> The problem, which has been highlighted by the recent actions of the
>>>> NCUC EC, is that our membership criteria does not preclude
>>>> individual NCSG membership under §2.2.5.1 from individuals who may
>>>> be conflicted for any reason (such as employment) if they meet the
>>>> basic test of domain name ownership, nor under §2.2.5.2 does our
>>>> current membership criteria explicitly prevent membership by those
>>>> whose employers may be members of another SO/SG. Left unchanged
>>>> these provisions leave the NCSG susceptible to a hostile takeover by
>>>> another SO/SG or, frankly, by any organised group which may not have
>>>> the best interests of noncommercial users at heart.
>>>>
>>>> *PROPOSED SOLUTION*
>>>>
>>>> I propose modifications to NCUC Charter §2.2.5., §2.2.5.1 and
>>>> §2.2.5.2 so that they read (changed wording in bold):
>>>>
>>>> NCSG Charter §2.2.5
>>>>
>>>> Individual persons who agree to advocate for a noncommercial
>>>> public-interest position* (DELETE: within the Stakeholder group*)
>>>> and who fall within one of the following three categories are
>>>> eligible to join as an "Individual Member
>>>>
>>>>
>>>> NCSG Charter §2.2.5.1
>>>>
>>>> An Individual who has registered domain name(s) for personal, family
>>>> or other noncommercial use, *is concerned with the noncommercial
>>>> public-interest aspects of domain name policy, and is not
>>>> represented in ICANN through membership, personally or by his or her
>>>> employer, through membership in another Supporting Organisation or
>>>> GNSO Stakeholder Group.*
>>>>
>>>> NCSG Charter §2.2.5.2
>>>>
>>>> An Individual Internet User who is primarily concerned with the
>>>> noncommercial aspects of domain name policy, and is not represented
>>>> in ICANN *personally or by his or her employer* through membership
>>>> in another Supporting Organisation or GNSO Stakeholder Group.
>>>>
>>>> *WAY FORWARD*
>>>>
>>>> NCSG Charter §5.0 contains several ways in which the NCSG Charter
>>>> may be amended. In 2013 ICANN instituted changes in their procedures
>>>> for approving and recognising charter revisions that are not
>>>> explicitly reflected in the current NCSG Charter. Things are a bit
>>>> more procedurally complex now.
>>>>
>>>> Although a petition approved by five per cent of our Members, based
>>>> upon our weighted voting procedure, is certainly an option for
>>>> initiating a change to our Charter, at this time I would prefer to
>>>> defer to the NCSG EC on this matter. I respectfully request that
>>>> full consideration be given to this proposal by the NCSG EC at their
>>>> next regularly scheduled meeting.
>>>>
>>>> I hope we can all agree that membership in the NCSG should be
>>>> reserved for those whose primary interest in domain name policy is
>>>> reserved for those non conflicted parties dedicated to our Mission,
>>>> as stated in
>>>> §1.1 of the NCSG Charter. That is, to provide:
>>>>
>>>> ---
>>>>
>>>> ...a voice and representation in ICANN processes to: non-profit
>>>> organizations that serve noncommercial interests; nonprofit services
>>>> such as education, philanthropies, consumer protection, community
>>>> organizing, promotion of the arts, public interest policy advocacy,
>>>> children's welfare, religion, scientific research, and human rights;
>>>> public interest software concerns; families or individuals who
>>>> register domain names for noncommercial personal use; and Internet
>>>> users who are primarily concerned with the noncommercial, public
>>>> interest aspects of domain name policy.
>>>>
>>>> ---
>>>>
>>>> We need to fix this membership loophole.
>>>>
>>>>
>>>> *QUALIFICATION*
>>>>
>>>> I certainly am not wedded to any particular statutory language to
>>>> fix this problem. I welcome any and all ideas. I also recognise that
>>>> in the changing ICANN environment we very well may wish to be
>>>> creative and receptive to a more flexible and adaptive membership
>> criteria.
>>>> That, however, I would submit is fodder for a larger and more long
>>>> term discussion.
>>>>
>>>> For now I do believe it is essential that we immediately fix the
>>>> loophole in our Charter that could conceivably allow, in an extreme
>>>> case, members of another Supporting Organisation to join and even
>>>> become the majority voice in our SG. That simply is too big a risk
>>>> to take. I look forward to working with the fine members of the NCSG
>>>> EC and our wider membership to ensure the continued independence and
>>>> noncommercial orientation of the NCSG, both in theory and in practice.
>>>>
>>>> Respectfully,
>>>>
>>>> Edward Morris
>>>>
>>>>
>>>
>>>
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