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Summary and Analysis of Public Comments for: Proposed Permanent NCSG Charter

  • To: "ncsg-charter@xxxxxxxxx" <ncsg-charter@xxxxxxxxx>
  • Subject: Summary and Analysis of Public Comments for: Proposed Permanent NCSG Charter
  • From: Robert Hoggarth <robert.hoggarth@xxxxxxxxx>
  • Date: Tue, 7 Jun 2011 15:50:39 -0700

Summary and Analysis of Public Comments for:



Proposed Permanent Charter of GNSO Non-Commercial Stakeholder Group



Comment period:  6 May 2010 – 5 June 2011



Summary published:  7 June 2011



Prepared by:  Robert Hoggarth, Senior Policy Director, ICANN Staff



I.  BACKGROUND

As part of the comprehensive Generic Names Supporting Organization (GNSO) 
Improvements effort, in July 2009 the ICANN Board approved (see ICANN Board 
Resolution 
2009.30.07.09<http://www.icann.org/en/minutes/prelim-report-30jul09.htm>) the 
Charters of four new GNSO Stakeholder Groups (SGs).  These SG structures 
represent a new concept for the GNSO that was envisioned by the Board 
Governance Committee GNSO Review Working Group (BGC WG) on GNSO Improvements 
(see the BGC WG's February 2008 
Report<http://www.icann.org/en/topics/gnso-improvements/gnso-improvements-report-03feb08.pdf>).

The 
Charter<http://gnso.icann.org/improvements/ncsg-approved-charter-30jul09.pdf> 
document approved by the Board for the NCSG was "transitional" through no later 
than the ICANN annual meeting in 2011. The Board expected the NCSG (see 
Sections 5 and 8) to develop a permanent Charter document that would take 
effect upon the expiration of the transition period. Over the past several 
months, NCSG members have been working with the Board's Structural Improvements 
Committee and have developed a proposed permanent NCSG 
Charter<http://gnso.icann.org/improvements/proposed-ncsg-charter-05may11-en.pdf>.

All members of the ICANN community were invited to review the Charter and share 
comments and observations with the Board and the wider community through 5 June 
2011.

Relevant Board Resolutions and Bylaws:

 *   Adopted Board Resolutions 18 March 2011: #13. Non-Commercial Users 
Constituency Charter: Posting for Public 
Comment<http://www.icann.org/en/minutes/resolutions-18mar11-en.htm#13>
 *   Preliminary Report of Special Board Meeting 30 July 
2009<http://www.icann.org/en/minutes/prelim-report-30jul09.htm> (See Item: B. 
Regular Agenda for GNSO Improvements)
 *   ICANN Bylaws Article X, Section 
5<http://www.icann.org/en/general/bylaws.htm#X-5>

Document/Page Links:

 *   The general GNSO Stakeholder Group process and historical charter 
documents can be accessed at: 
http://gnso.icann.org/en/improvements/stakeholder-process-en.htm

II.  GENERAL COMMENTS & CONTRIBUTORS

At the time this Summary and Analysis was prepared, a total of two (2) 
community submissions had been posted to the Forum.  Contributors, grouped by 
organizations and individuals, are listed below in chronological order by 
posting date with initials noted.  To the extent that quotations are used in 
the foregoing narrative (Section III), such citations will reference the 
contributor’s initials.

Organizations and Groups:

Contributor

Submitted by

Initials

None






Individuals:

Contributor

Initials

Wolf-Ulrich Knoben

WUK

Roberto Gaetano

RG



III.  SUMMARY & ANALYSIS

General Disclaimer:  This document is intended to broadly and comprehensively 
summarize the comments submitted to this Forum, but not to address every 
specific position stated by each contributor. Staff recommends that readers 
interested in specific aspects of any of the summarized comments, or the full 
context of others, refer directly to the specific contributions at: 
http://forum.icann.org/lists/ncsg-charter/.



The two contributors’ comments are subdivided into the following two categories:

1)    Procedural Concerns

2)    Typographical Errors



1)  Procedural Concerns



WUK noted that under Section 2.2.7-Participation Rights, NCSG members are 
entitled to join up to 3 Constituencies (see bullet #7).  WUK wonders (a) why 
the number 3 was selected; (b) whether “members” refers to individuals or 
organizations or both; and (c) whether the ICANN Bylaws support such a policy.  
WUK infers that one member may represent 3 different Constituencies – with 
voting rights -- on various executive bodies.  WUK believes that this concept 
should “be reviewed carefully.”


RG compliments the NCSG on a “good document,” but is confused by language in 
Sections 3.3 and 3.4 that outlines a “mechanism of having multiple votes 
combined with the obligation of assigning these multiple votes to a single 
candidate.”   RG believes the procedure would be “clearer” if the language 
specified that individuals, small organizations, and large organizations each 
have voting weights [emphasis added] of 1, 2, and 4, respectively.  At the top 
of Section 4.0, the Charter states, “All NCSG votes will use the weighted 
voting standards defined in this section…” and RG wonders if there is a 
specific reason that Sections 3.3 and 3.4 avoid using the term "weighted 
voting."  If there is not a reason, RG “would find the charter much clearer if 
we use a weight rather than a multiple vote with constraints.”



WUK observes that the last paragraph on page 10 (Section 2.2.3), “binds the 
NCSG to a constituency review every 2 years.”  WUK is concerned that that the 
NCSG may find this cycle challenging “taking into consideration all the ICANN 
reviews in parallel which may influence this process.”



2)  Typographical Errors



WUK notes that the last paragraph on page 9 (Section 2.3) contains a “small 
typo ‘Non-Contracted-SG’ instead of ‘Non-Commercial-SG.’”



IV.  NEXT STEPS



The ICANN Board will evaluate the proposed "Proposed Permanent Charter of GNSO 
Non-Commercial Stakeholder Group" along with community’s comments, consistent 
with the ICANN Bylaw principles.


Attachment: Summary and Analysis-Proposed Permanent NCSG Charter (Final).doc
Description: Summary and Analysis-Proposed Permanent NCSG Charter (Final).doc



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