[alac] Proposal: ALAC comment on ERC's Proposed Clarifications, Corrections, ...
The ALAC should make a statement in response to ERC's proposed clarifications etc. to the new bylaws, posted on 8 February. We'd need to have closure on this by 22 February, but it would probably be good if we'd come to a common position earlier. >From my point of view, the key point of concern is XI.2.4.h which describes at-large structures: This paragraph is listing some of the criteria the ALAC would have to apply to future at-large structures. These criteria are currently spelled out in terms of requirements on the at-large structure's membership: Membership is basically restricted to individuals who are citizens and/or members of a given geographical region. There must not be any organizational members, but organizations may participate as non-members. (Whatever this means.) In practice, there are quite a few concerns that these criteria might exclude, for instance, many ISOC chapters, and many other organizations which could be considered "natural" candidates for at-large structures. Since it will be hard to figure out well-defined criteria which match each region's (and each structure's) needs within a couple of days, I'd propose to open up the at-large structure criteria as far as possible by stating general a principle, but leaving that principle's implementation to negotiations. More precisely, I'd propose that paragraph (h) read as follows: (h) Each RALO shall be comprised of self-supporting At-Large Structures within its Geographic Region, certified to meet the requirements of the RALO's Memorandum of Understanding with ICANN according to paragraph 4(i) of this Section. If so provided by its memorandum of understanding with ICANN, a RALO may also have as its members individual Internet users who are citizens or residents of countries within the RALO's Geographic Region. Any RALO must, through its at-large structures or through direct membership, be open for participation of all individual Internet users who are citizens or residents of countries within the RALO's Geographic Region (as defined in Section 5 of Article VI). This wording would not yet exclude ANY possible at-large structure from participating in a RALO; that decision is completely deferred to (i). However, it does provide a minimum openness standard for any RALO. (i) The ALAC is responsible for certifying organizations as meeting the criteria and standards for At-Large Structures. The criteria and standards for certification of At-Large Structures within a each Geographic Region shall be established by the Board and based on recommendations of the ALAC, so that each RALO is afforded the type of structure that best fits its Geographic Region's customs and characteristics. Those criteria and standards shall be stated in the Memorandum of Understanding between ICANN and the RALO for that Geographic Region. They shall ensure that At-Large Structures appropriately represent and involve individual Internet users who are citizens or residents of the RALO's geographical region. Decisions to certify or de-certify an At-Large Structure as meeting the applicable criteria and standards shall require a 2/3 vote of all the members of the ALAC and shall be subject to review according to procedures the Board may establish. The ALAC may also give advice as to whether a prospective At-Large Structure meets the applicable criteria and standards. The proposed change to this paragraph would state a general principle for at-large structures in a given region, but would not make any statements on the implementation of that principle. That implementation would be a matter of negotiation between ICANN and a possible at-large structure. Comments? Should I draft a formal comment from ALAC to ERC which would propose these changes? -- Thomas Roessler <roessler@xxxxxxxxxxxxxxxxxx>