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Staff Summary and Analysis of Comments - NPOC

  • To: "npoc-petition-charter@xxxxxxxxx" <npoc-petition-charter@xxxxxxxxx>
  • Subject: Staff Summary and Analysis of Comments - NPOC
  • From: Robert Hoggarth <robert.hoggarth@xxxxxxxxx>
  • Date: Mon, 7 Feb 2011 15:56:27 -0800

Summary and Analysis of Public Comments for:

New Not-for-Profit Operational Concerns Constituency Petition and Charter

Comment period:  1 December 2010 – 23 January 2011 [extended to 30 January 2011]

Summary published:  7 February 2011

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

(Submitted to Public Comment Forum via email – including attached .pdf format)


In June 2008, the Board of Directors endorsed a series of recommendations on 
how to improve the GNSO's structures and operations.  A significant 
underpinning of those recommendations was an interest in maximizing 
participation in theGNSO and its policy development processes.  Among the 
various recommendations endorsed by the Board was that ICANN take steps to 
clarify and promote the option to self-form new GNSO Constituencies.

At the direction of the Board, ICANN Staff developed, and the Board 
subsequently acknowledged, a two-step process for potential new GNSO 
Constituencies to follow in petitioning the Board for formal recognition.  
Since 2008, four groups have submitted petitions in accordance with the 
process.  The most recent applicant, and the subject of this Public Comment 
Forum, is the prospective Not-for-Profit Organizations Constituency (NPOC), 
which proposes to join the Non-Commercial StakeholdersGroup (NCSG) of the GNSO.

Note: On 7 December 2010, NPOC proponents modified their original Petition and 
Charterproposal to reflect an amended mission and a new name – “Not-for-Profit 
Operational Concerns [emphasis added] Constituency” while retaining the 
original acronym of NPOC.  All subsequent references in this Summary and 
Analysis will use the revised name and documents.  In recognition of the timing 
of these modifications, Staff extended the close of the public comment period 
to 30 January 2011.  A summary of the NPOC amendments is included in Section 
III below.

NPOC proponents completed the first step of the new GNSO constituency process 
on 15 June 2010 by filing a “Notice of Intent to Form a New Constituency,” 
which can be viewed at:  NPOC 
[PDF-Redacted].  The second step of the process was completed on 2 November 
2010 (and revised 7 December 2010) by submitting a New Constituency Petition 
and Charter:

·      NPOC Charter Cover 

·      NPOC Petition and Charter 

[Note:  copies of the NPOC’s original documents are also available at:  

All members of the ICANN community and the public were invited to review the 
NPOC Constituency Petition and Charter documents and share their comments in 
this Forum through 30 January 2011.

At the time this Summary and Analysis was prepared, a total of 16 community 
submissions (representing a total of 32 organization and individual parties) 
had been posted to the Forum.  One Staff notice extending the deadline of the 
forum is not included in that total.

The contributors, both individuals and organizations, 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:


Submitted by


AIM - European Brands Association

Philip Sheppard


Ellen B. Shankman & Associates

Ellen B. Shankman


Latin America and Caribbean Federation of Internet and Electronic Commerce

Anthony Harris
Executive Director



Frederick Felman


Association of American Medical Colleges

Amber Sterling
Sr. Intellectual Property Specialist


Global Knowledge Partnership

Alain Berranger
Vice-Chair, Executive Committee


Financial Planning Standards Board

Tamara S. Monroe
Director of Legal Services


Business Constituency

Steve DelBianco
Vice-Chair for Policy Coordination


Canadian Foundation For The Americas

Alain Berranger


Not-For-Profit Operational Concerns Constituency (NPOC)

17 Organizations Listed


Steptoe & Johnson, LLP

Brian J. Winterfeldt


Bangladesh NGOs Network for Radio and Communication

AHM. Bazlur Rahman-S21BR

Chief Executive Officer


Silverberg, Goldman & Bikoff, LLP

James L. Bikoff


MAKAIA Asesoría Internacional

Claire Philippoteaux





Avri Doria
Chair-Non Commercial Stakeholders Group (personal statement not reviewed by the 
NCSG Executive Committee)


Lauren Bowers

American Bankers Association



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 contributors.  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:  

As mentioned in the Background section above, the “Not-for-Profit Organizations 
Constituency” amended its mission and changed its name about one week into the 
public comment period as a result of collaboration with the NCSG in Cartagena.  
The substantive changes are quoted below from the cover letter to the revised 
Petition and Charter:

“The purpose of the Not-for-Profit Operational Concerns Constituency (NPOC) 
shall be to represent, specifically, the operational concerns related to 
service delivery of not-for-profit and non-governmental organizations who are 
domain registrants in the DNS.  The NPOC shall focus on the impact of DNS 
polices and their effects on the operational readiness and implementation of 
non-commercial missions and objectives. … The NPOC shall engage the ICANN 
Community on how proposed and existing policies and initiatives may uniquely 
impact the operations of not-for-profit and non-governmental organizations and 
the delivery of their mission-related services. Such … operational concerns 
include, but are not limited to, domain name registration, expansion of the 
DNS, fraud and abuse, using the DNS to provide and collectinformation and serve 
their members and communities.

NPOC Members shall include not-for-profit and non-governmental organizations 
with missions that include, but are not limited to, philanthropic, 
humanitarian, educational, academic and professional development, religious, 
community associations, promotion of the arts, public interest policy advocacy, 
health-related services, and social inclusion.”

Of the 16 community submissions to the Public Comment Forum, 15 express 
unqualified support for the NPOC’s petition to become a new GNSO Constituency 
within the Non-Commercial Stakeholders Group (NCSG).  MM adds, ”We believe that 
this new group will add a welcome and important voice to the community that is 
currently under-represented.”  BC’s endorsement includes this affirmation, “We 
also believe this petition is timely, since it follows a GNSO restructuring 
that enables diversification within the non-contract house.”

Several commenters (AAMC, GKP, FPSB, FOCAL, NPOC, S&J, BNNRC, LB, MAI), most 
representing that they are members of the NPOC, express support using the 
following similar language:

“… the petition for recognition of the NPOC… adequately explains how the NPOC 
will improve the ability of the GNSO to carry out its policy-development 
responsibilities.  … the ICANN community will benefit from a new constituency 
that will robustly represent the non-commercial perspective of organizational 
registrants and organizational users of domain names.  … the NPOC’s outreach 
activities and outreach plan demonstrate how NPOC will provide a global voice 
for not-for-profit/NGOs within ICANN.”

AD’s submission also supports the NPOC’s petition:

“The NPOC proponents have worked with the NCSG to arrive at a charter that 
matches the goals...for the Stakeholder Group...  I am very grateful to them 
for the effort they made to fit themselves with the rest of the NCSG 
membership.  As a candidate constituency…they have become part of the NCSG and 
have shown that they are active in the work of the Stakeholder Group and of the 
GNSO.  On this basis, I feel comfortable supporting their application for full 
constituency status...”

Although AD’s support for the NPOC is unqualified as to its merits to be 
recognized as a new GNSO Constituency, AD offers the following timing caveat to 
the Board:

“I believe that until such time as the new NCSG charter is approved, it would 
be inappropriate to approve any new constituencies in the Stakeholder Group as 
the old NCSG charter would not allow for them to be properly integrated.  … I 
would very much like for the NCSG charter and the NPOC charter to be approved 
at the same time and very much hope that we will be able to celebrate those 
approvals in San Francisco.

In no event should the NPOC charter be approved before the NCSG charter is 
finalized and approved, as this would cause organizational chaos within the 

AD concludes her comments by expressing the following vision for incorporating 
new Constituencies within the Commercial Stakeholder Group (CSG):

“I look forward to the day when new constituencies in the CSG … receive the 
same level of support from ICANN Staff and the Commercial Constituencies.  I 
think that the Non Contracted Parties House can only benefit from the orderly 
addition of new communities, both commercial and non-commercial.”


As with previous reviews of petitions for new GNSO Constituencies, the ICANN 
Board will evaluate the NPOC Petition and Charter consistent with ICANN Bylaw 

# # #

Attachment: Summary and Analysis-NPOC Petition (Final).pdf
Description: Summary and Analysis-NPOC Petition (Final).pdf

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