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 > > > > > > > > --- > This email has been checked for viruses by Avast antivirus software. > https://www.avast.com/antivirus > --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus