Appendix A to Minutes of Regular Meeting
of ICANN Board
26 June 2003
In resolution 03.106,
the ICANN Board made the following revisions to the bylaws. Added
words are underlined and in magenta and deleted
words are stricken out and in red.
ARTICLE IV: ACCOUNTABILITY AND
REVIEW, Section 4. PERIODIC REVIEW OF ICANN STRUCTURE AND OPERATIONS
1. The Board
shall cause a periodic review, if feasible no less frequently than every
three years, of the performance and operation of each Supporting Organization, each Supporting
Organization Council, each Advisory Committee (other than the Governmental
Advisory Committee), and the Nominating
Committee by an entity or entities independent of the organization under
review. The goal of the review, to be undertaken pursuant to such criteria
and standards as the Board shall direct, shall be to determine (i) whether
that organization has a continuing purpose in the ICANN structure, and
(ii) if so, whether any change in structure or operations is desirable
to improve its effectiveness. The results of such reviews shall be posted
on the Website for public review and comment, and shall be considered
by the Board no later than the second scheduled meeting of the Board
after such results have been posted for 30 days. The consideration by
the Board includes the ability to revise the structure or operation
of the parts of ICANN being reviewed by a two-thirds vote of all members
of the Board.
2. The first of such reviews, to be initiated within one year following the adoption of these
Bylaws, no later than 15 December
2003 and to be completed in time for Board consideration at ICANN's
annual meeting in 2004, shall be of the GNSO Council and
the ICANN Root Server System Advisory Committee. The
second of such reviews, to be initiated no later than 15 November 2004
and to be completed in time for Board consideration at ICANN's annual
meeting in 2005, shall be of the ccNSO, the ccNSO Council, and such
other organizations as the Board may designate.
3. The Governmental
Advisory Committee shall provide its own review mechanisms.
ARTICLE VI: BOARD OF DIRECTORS,
Section 4. ADDITIONAL QUALIFICATIONS
[Paragraph 1 is unchanged.]
2. No person
who serves in any capacity (including as a liaison) on any Supporting
Organization Council shall simultaneously serve as a Director or liaison
to the Board. If such a person accepts a nomination to be considered
for selection by the Supporting Organization Council to be a Director,
the person shall not, following such nomination, participate in any
discussion of, or vote by, the Supporting Organization Council relating
to the selection of Directors by the Council, until the Council has
selected the full complement of Directors it is responsible for selecting.
In the event that a person serving in any capacity on a Supporting Organization
Council accepts a nomination to be considered for selection as a Director,
the constituency group or other group or entity that selected the person may select a replacement for purposes
of the Council's selection process.
[Paragraph 3 is unchanged.]
ARTICLE IX: COUNTRY-CODE NAMES SUPPORTING
ORGANIZATION
[Note: This entire Article IX is new. For ease
of display, the addition of the text of this Article is not redlined.]
Section 1. DESCRIPTION
There shall be a policy-development body known as the Country-Code Names
Supporting Organization (ccNSO), which shall be responsible for:
1. developing and recommending to the Board global
policies relating to country-code top-level domains;
2. Nurturing consensus across the ccNSO's community,
including the name-related activities of ccTLDs; and
3. Coordinating with other ICANN Supporting Organizations,
committees, and constituencies under ICANN.
In addition to the above core responsibilities, the ccNSO may also engage
in other activities authorized by its members, including: seeking to develop
voluntary best practices for ccTLD managers, assisting in skills building
within the global community of ccTLD managers, and enhancing operational
and technical cooperation among ccTLD managers.
Section 2. ORGANIZATION
The ccNSO shall consist of (i) ccTLD managers that have agreed in writing
to be members of the ccNSO (see Section 4(2) of this Article) and (ii)
a ccNSO Council responsible for managing the policy-development process
of the ccNSO.
Section 3. ccNSO COUNCIL
1. The ccNSO Council shall consist of (a) three
ccNSO Council members selected by the ccNSO members within each of ICANN's
Geographic Regions in the manner described in Section 4(7) through (9)
of this Article; (b) three ccNSO Council members selected by the ICANN
Nominating Committee; (c) liaisons as described in paragraph 2 of this
Section; and (iv) observers as described in paragraph 3 of this Section.
2. There shall also be one liaison to the ccNSO
Council from each of the following organizations, to the extent they
choose to appoint such a liaison: (a) the Governmental Advisory Committee;
(b) the At-Large Advisory Committee; and (c) each of the Regional Organizations
described in Section 5 of this Article. These liaisons shall not be
members of or entitled to vote on the ccNSO Council, but otherwise shall
be entitled to participate on equal footing with members of the ccNSO
Council. Appointments of liaisons shall be made by providing written
notice to the ICANN Secretary, with a notification copy to the ccNSO
Council Chair, and shall be for the term designated by the appointing
organization as stated in the written notice. The appointing organization
may recall from office or replace its liaison at any time by providing
written notice of the recall or replacement to the ICANN Secretary,
with a notification copy to the ccNSO Council Chair.
3. The ccNSO Council may agree with the Council
of any other ICANN Supporting Organization to exchange observers. Such
observers shall not be members of or entitled to vote on the ccNSO Council,
but otherwise shall be entitled to participate on equal footing with
members of the ccNSO Council. The appointing Council may designate its
observer (or revoke or change the designation of its observer) on the
ccNSO Council at any time by providing written notice to the ICANN Secretary,
with a notification copy to the ccNSO Council Chair.
4. Subject to the provisions of the Transition
Article of these Bylaws: (a) the regular term of each ccNSO Council
member shall begin at the conclusion of an ICANN annual meeting and
shall end at the conclusion of the third ICANN annual meeting thereafter;
(b) the regular terms of the three ccNSO Council members selected by
the ccNSO members within each ICANN Geographic Region shall be staggered
so that one member's term begins in a year divisible by three, a second
member's term begins in the first year following a year divisible by
three, and the third member's term begins in the second year following
a year divisible by three; and (c) the regular terms of the three ccNSO
Council members selected by the Nominating Committee shall be staggered
in the same manner. Each ccNSO Council member shall hold office during
his or her regular term and until a successor has been selected and
qualified or until that member resigns or is removed in accordance with
these Bylaws.
5. A ccNSO Council member may resign at any time
by giving written notice to the ICANN Secretary, with a notification
copy to the ccNSO Council Chair.
6. ccNSO Council members may be removed for not
attending three consecutive meetings of the ccNSO Council without sufficient
cause or for grossly inappropriate behavior, both as determined by at
least a 66% vote of all of the members of the ccNSO Council.
7. A vacancy on the ccNSO Council shall be deemed
to exist in the case of the death, resignation, or removal of any ccNSO
Council member. Vacancies in the positions of the three members selected
by the Nominating Committee shall be filled for the unexpired term involved
by the Nominating Committee giving the ICANN Secretary written notice
of its selection, with a notification copy to the ccNSO Council Chair.
Vacancies in the positions of the ccNSO Council members selected by
ccNSO members shall be filled for the unexpired term by the procedure
described in Section 4(7) through (9) of this Article.
8. The role of the ccNSO Council is to administer
and coordinate the affairs of the ccNSO (including coordinating meetings,
including an annual meeting, of ccNSO members as described in Section
4(6) of this Article) and to manage the development of policy recommendations
in accordance with Section 6 of this Article. The ccNSO Council shall
also undertake such other roles as the members of the ccNSO shall decide
from time to time.
9. The ccNSO Council shall make selections to
fill Seats 11 and 12 on the Board by written ballot or by action at
a meeting; any such selection must have affirmative votes of a majority
of all the members of the ccNSO Council then in office. Notification
of the ccNSO Council's selections shall be given by the ccNSO Council
Chair in writing to the ICANN Secretary, consistent with Article VI,
Sections 8(4) and 12(1).
10. The ccNSO Council shall select from among
its members the ccNSO Council Chair and such Vice Chair(s) as it deems
appropriate. Selections of the ccNSO Council Chair and Vice Chair(s)
shall be by written ballot or by action at a meeting; any such selection
must have affirmative votes of a majority of all the members of the
ccNSO Council then in office. The term of office of the ccNSO Council
Chair and any Vice Chair(s) shall be as specified by the ccNSO Council
at or before the time the selection is made. The ccNSO Council Chair
or any Vice Chair(s) may be recalled from office by the same procedure
as used for selection.
11. The ccNSO Council, subject to direction by
the ccNSO members, shall adopt such rules and procedures for the ccNSO
as it deems necessary, provided they are consistent with these Bylaws.
Rules for ccNSO membership and operating procedures adopted by the ccNSO
Council shall be published on the Website.
12. Except as provided by paragraphs 9 and 10
of this Section, the ccNSO Council shall act at meetings. The ccNSO
Council shall meet regularly on a schedule it determines, but not fewer
than four times each calendar year. At the discretion of the ccNSO Council,
meetings may be held in person or by other means, provided that all
ccNSO Council members are permitted to participate by at least one means
described in paragraph 14 of this Section. Except where determined by
a majority vote of the members of the ccNSO Council present that a closed
session is appropriate, physical meetings shall be open to attendance
by all interested persons. To the extent practicable, ccNSO Council
meetings should be held in conjunction with meetings of the Board, or
of one or more of ICANN's other Supporting Organizations.
13. Notice of time and place (and information
about means of participation other than personal attendance) of all
meetings of the ccNSO Council shall be provided to each ccNSO Council
member, liaison, and observer by e-mail, telephone, facsimile, or a
paper notice delivered personally or by postal mail. In case the notice
is sent by postal mail, it shall be sent at least 21 days before the
day of the meeting. In case the notice is delivered personally or by
telephone, facsimile, or e-mail it shall be provided at least seven
days before the day of the meeting. At least seven days in advance of
each ccNSO Council meeting (or if not practicable, as far in advance
as is practicable), a notice of such meeting and, to the extent known,
an agenda for the meeting shall be posted.
14. Members of the ccNSO Council may participate
in a meeting of the ccNSO Council through personal attendance or use
of electronic communication (such as telephone or video conference),
provided that (a) all ccNSO Council members participating in the meeting
can speak to and hear one another, (b) all ccNSO Council members participating
in the meeting are provided the means of fully participating in all
matters before the ccNSO Council, and (c) there is a reasonable means
of verifying the identity of ccNSO Council members participating in
the meeting and their votes. A majority of the ccNSO Council members
(i.e. those entitled to vote) then in office shall constitute a quorum
for the transaction of business, and actions by a majority vote of the
ccNSO Council members present at any meeting at which there is a quorum
shall be actions of the ccNSO Council, unless otherwise provided in
these Bylaws. The ccNSO Council shall transmit minutes of its meetings
to the ICANN Secretary, who shall cause those minutes to be posted to
the Website as soon as practicable following the meeting, and no later
than 21 days following the meeting.
Section 4. MEMBERSHIP
1. The ccNSO shall have a membership consisting
of ccTLD managers. Any ccTLD manager that meets the membership qualifications
stated in paragraph 2 of this Section shall be entitled to be members
of the ccNSO. For purposes of this Article, a ccTLD manager is the organization
or entity responsible for managing an ISO 3166 country-code top-level
domain and referred to in the IANA database under the current heading
of "Sponsoring Organization", or under any later variant,
for that country-code top-level domain.
2. Any ccTLD manager may become a ccNSO member
by submitting an application to a person designated by the ccNSO Council
to receive applications. Subject to the provisions of the Transition
Article of these Bylaws, the application shall be in writing in a form
designated by the ccNSO Council. The application shall include the ccTLD
manager's recognition of the role of the ccNSO within the ICANN structure
as well as the ccTLD manager's agreement, for the duration of its membership
in the ccNSO, (a) to adhere to rules of the ccNSO, including membership
rules, (b) to adhere to ICANN bylaws as they apply to ccTLDs, and (c)
to pay ccNSO membership fees established by the ccNSO Council under
Section 7(3) of this Article. A ccNSO member may resign from membership
at any time by giving written notice to a person designated by the ccNSO
Council to receive notices of resignation. In the absence of designation
by the ccNSO Council of a person to receive applications and notices
of resignation, they shall be sent to the ICANN Secretary, who shall
notify the ccNSO Council of receipt of any such applications and notices.
3. Neither membership in the ccNSO nor membership
in any Regional Organization described in Section 5 of this Article
shall be a condition for access to or registration in the IANA database.
Membership in the ccNSO is independent of any individual relationship
a ccTLD manager has with ICANN or the ccTLD manager's receipt of IANA
services.
4. The Geographic Regions of ccTLDs shall be as
described in Article VI, Section 5 of these Bylaws. For purposes of
this Article, managers of ccTLDs within a Geographic Region that are
members of the ccNSO are referred to as ccNSO members "within"
the Geographic Region, regardless of the physical location of the ccTLD
manager. In cases where the Geographic Region of a ccNSO member is unclear,
the ccTLD member should self-select according to procedures adopted
by the ccNSO Council.
5. Each ccTLD manager may designate in writing
a person, organization, or entity to represent the ccTLD manager. In
the absence of such a designation, the ccTLD manager shall be represented
by the person, organization, or entity listed as the administrative
contact in the IANA database.
6. There shall be an annual meeting of ccNSO members,
which shall be coordinated by the ccNSO Council. Annual meetings should
be open for all to attend, and a reasonable opportunity shall be provided
for ccTLD managers that are not members of the ccNSO as well as other
non-members of the ccNSO to address the meeting. To the extent practicable,
annual meetings of the ccNSO members shall be held in person and should
be held in conjunction with meetings of the Board, or of one or more
of ICANN's other Supporting Organizations.
7. The ccNSO Council members selected by the ccNSO
members from each Geographic Region (see Section 3(1)(a) of this Article)
shall be selected through nomination, and if necessary election, by
the ccNSO members within that Geographic Region. At least 90 days before
the end of the regular term of any ccNSO-member-selected member of the
ccNSO Council, or upon the occurrence of a vacancy in the seat of such
a ccNSO Council member, the ccNSO Council shall establish a nomination
and election schedule, which shall be sent to all ccNSO members within
the Geographic Region and posted on the Website.
8. Any ccNSO member may nominate an individual
to serve as a ccNSO Council member representing the ccNSO member's Geographic
Region. Nominations must be seconded by another ccNSO member from the
same Geographic Region. By accepting their nomination, individuals nominated
to the ccNSO Council agree to support the policies committed to by ccNSO
members.
9. If at the close of nominations there are no
more candidates nominated (with seconds and acceptances) in a particular
Geographic Region than there are seats on the ccNSO Council available
for that Geographic Region, then the nominated candidates shall be selected
to serve on the ccNSO Council. Otherwise, an election by written ballot
(which may be by e-mail) shall be held to select the ccNSO Council members
from among those nominated (with seconds and acceptances), with ccNSO
members from the Geographic Region being entitled to vote in the election
through their designated representatives. In such an election, a majority
of all ccNSO members in the Geographic Region entitled to vote shall
constitute a quorum, and the selected candidate must receive the votes
of a majority of those cast by ccNSO members within the Geographic Region.
The ccNSO Council Chair shall provide the ICANN Secretary prompt written
notice of the selection of ccNSO Council members under this paragraph.
10. Policies shall apply to ccNSO members by
virtue of their membership to the extent, and only to the extent, that
the policies (a) have been developed through the ccPDP as described
in Section 6 of this Article, and (b) have been recommended as such
by the ccNSO to the Board, and (c) are adopted by the Board as policies,
provided that such policies do not conflict with the law applicable
to the ccTLD manager which shall, at all times, remain paramount. In
addition, such policies shall apply to ICANN in its activities concerning
ccTLDs.
11. A ccNSO member may provide a declaration
to the ccNSO Council stating that (a) implementation of the policy would
require the member to breach custom, religion, or public policy (not
embodied in the applicable law described in paragraph 10 of this Section),
and (b) failure to implement the policy would not impair DNS operations
or interoperability, giving detailed reasons supporting its statements.
After investigation, the ccNSO Council will provide a response to the
ccNSO member's declaration. If there is a ccNSO Council consensus disagreeing
with the declaration, which may be demonstrated by a vote of 14 or more
members of the ccNSO Council, the response shall state the ccNSO Council's
disagreement with the declaration and the reasons for disagreement.
Otherwise, the response shall state the ccNSO Council's agreement with
the declaration. If the ccNSO Council disagrees, the ccNSO Council shall
review the situation after a six-month period. At the end of that period,
the ccNSO Council shall make findings as to (a) whether the ccNSO members'
implementation of the policy would require the member to breach custom,
religion, or public policy (not embodied in the applicable law described
in paragraph 10 of this Section) and (b) whether failure to implement
the polcy would impair DNS operations or interoperability. In making
any findings disagreeing with the declaration, the ccNSO Council shall
proceed by consensus, which may be demonstrated by a vote of 14 or more
members of the ccNSO Council.
Section 5. REGIONAL ORGANIZATIONS
The ccNSO Council may designate a Regional Organization for each ICANN
Geographic Region, provided that the Regional Organization is open to
full membership by all ccNSO members within the Geographic Region. Decisions
to designate or de-designate a Regional Organization shall require a 66%
vote of all of the members of the ccNSO Council and shall be subject to
review according to procedures established by the Board.
Section 6. ccNSO POLICY-DEVELOPMENT PROCESS AND
SCOPE
1. The scope of the ccNSO's policy-development
role shall initially be as stated in Annex C to these
Bylaws; any modifications to the scope shall be recommended to the
Board by the ccNSO by use of the procedures of the ccPDP, and shall
be subject to approval by the Board.
2. In developing global policies within the scope
of the ccNSO and recommending them to the Board, the ccNSO shall follow
the ccNSO Policy-Development Process (ccPDP). The ccPDP shall initially
be as stated in Annex B to these Bylaws; modifications
shall be recommended to the Board by the ccNSO by use of the procedures
of the ccPDP, and shall be subject to approval by the Board.
Section 7. STAFF SUPPORT AND FUNDING
1. Upon request of the ccNSO Council, a member
of the ICANN staff may be assigned to support the ccNSO and shall be
designated as the ccNSO Staff Manager. Alternatively, the ccNSO Council
may designate, at ccNSO expense, another person to serve as ccNSO Staff
Manager. The work of the ccNSO Staff Manager on substantive matters
shall be assigned by the Chair of the ccNSO Council, and may include
the duties of ccPDP Issue Manager.
2. Upon request of the ccNSO Council, ICANN shall
provide administrative and operational support necessary for the ccNSO
to carry out its responsibilities. Such support shall not include an
obligation for ICANN to fund travel expenses incurred by ccNSO participants
for travel to any meeting of the ccNSO or for any other purpose. The
ccNSO Council may make provision, at ccNSO expense, for administrative
and operational support in addition or as an alternative to support
provided by ICANN.
3. The ccNSO Council shall establish fees to be
paid by ccNSO members to defray ccNSO expenses as described in paragraphs
1 and 2 of this Section, as approved by the ccNSO members.
4. Written notices given to the ICANN Secretary
under this Article shall be permanently retained, and shall be made
available for review by the ccNSO Council on request. The ICANN Secretary
shall also maintain the roll of members of the ccNSO, which shall include
the name of each ccTLD manager's designated representative, and which
shall be posted on the Website.
ARTICLE X: GENERIC NAMES SUPPORTING
ORGANIZATION, Section 3. GNSO COUNCIL
1. Subject to the provisions of the Transition
Article of these Bylaws, the GNSO Council shall consist of two representatives
selected by each of the Constituencies described in Section 5 of this
Article, and three persons selected by the ICANN Nominating Committee.
No two representatives selected by a Constituency shall be citizens
of the same country or of countries located in the same Geographic Region.
There may also be two liaisons to the GNSO Council, one appointed by
each of the Governmental Advisory Committee and the At-Large Advisory
Committee from time to time, who shall not be members of or entitled
to vote on the GNSO Council, but otherwise shall be entitled to participate
on equal footing with members of the GNSO Council. The
appointing Advisory Committee shall designate its liaison (or revoke
or change the designation of its liaison) on the GNSO Council by providing
written notice to the Chair of the GNSO Council and to the ICANN Secretary.
The GNSO Council may also have observers as described in paragraph 9
of this Section.
[Paragraphs 2-8 are unchanged.]
9. The GNSO Council may
agree with the Council of any other ICANN Supporting Organization to
exchange observers. Such observers shall not be members of or entitled
to vote on the GNSO Council, but otherwise shall be entitled to participate
on equal footing with members of the GNSO Council. The appointing Council
shall designate its observer (or revoke or change the designation of
its observer) on the GNSO Council by providing written notice to the
Chair of the GNSO Council and to the ICANN Secretary.
ARTICLE XI: ADVISORY COMMITTEES,
Section 2. SPECIFIC ADVISORY COMMITTEES
4. At-Large Advisory
Committee
[Paragraphs 4(a)-(e) are unchanged.]
f. Subject to
the provisions of the Transition Article of these Bylaws, the At-Large
Advisory Committee may designate a non-voting liaisons to each
of the ccNSO Council and the GNSO Council.
[Paragraphs 4(g)-(j) are unchanged.]
ARTICLE XX: TRANSITION ARTICLE,
Section 4. COUNTRY-CODE NAMES SUPPORTING ORGANIZATION
[Note: This entire Section 4 of Article XX is
revised from the former text. For ease of display, the deletion of the
old text and the addition of the new text of this Section is not redlined.]
1. Upon the enrollment of thirty ccTLD managers
(with at least four within each Geographic Region) as members of the
ccNSO, written notice shall be posted on the Website. As soon as feasible
after that notice, the members of the initial ccNSO Council to be selected
by the ccNSO members shall be selected according to the procedures stated
in Article IX, Section 4(8) and (9). Upon the completion of that selection
process, a written notice that the ccNSO Council has been constituted
shall be posted on the Website. Three ccNSO Council members shall be
selected by the ccNSO members within each Geographic Region, with one
member to serve a term that ends upon the conclusion of the first ICANN
annual meeting after the ccNSO Council is constituted, a second member
to serve a term that ends upon the conclusion of the second ICANN annual
meeting after the ccNSO Council is constituted, and the third member
to serve a term that ends upon the conclusion of the third ICANN annual
meeting after the ccNSO Council is constituted. (The definition of "ccTLD
manager" stated in Article IX, Section 4(1) and the definitions
stated in Article IX, Section 4(4) shall apply within this Section 4
of Article XX.)
2. After the adoption of Article IX of these Bylaws,
the Nominating Committee shall select the three members of the ccNSO
Council described in Article IX, Section 3(1)(b). In selecting three
individuals to serve on the ccNSO Council, the Nominating Committee
shall designate one to serve a term that ends upon the conclusion of
the first ICANN annual meeting after the ccNSO Council is constituted,
a second member to serve a term that ends upon the conclusion of the
second ICANN annual meeting after the ccNSO Council is constituted,
and the third member to serve a term that ends upon the conclusion of
the third ICANN annual meeting after the ccNSO Council is constituted.
The three members of the ccNSO Council selected by the Nominating Committee
shall not take their seats before the ccNSO Council is constituted.
3. Upon the ccNSO Council being constituted, the
At-Large Advisory Committee and the Governmental Advisory Committee
may designate one liaison each to the ccNSO Council, as provided by
Article IX, Section 3(2)(a) and (b).
4. Upon the ccNSO Council being constituted, the
Council may designate Regional Organizations as provided in Article
IX, Section 5. Upon its designation, a Regional Organization may appoint
a liaison to the ccNSO Council.
5. Until the ccNSO Council is constituted, Seats
11 and 12 on the New Board shall remain vacant. Promptly after the ccNSO
Council is constituted, the ccNSO shall, through the ccNSO Council,
make selections of Directors to fill Seats 11 and 12 on the New Board,
with terms to conclude upon the commencement of the next regular term
specified for each of those Seats in Article VI, Section 8(1)(d) and
(f) of the New Bylaws, and shall give the ICANN Secretary written notice
of its selections.
6. Until the ccNSO Council is constituted, the delegate
to the Nominating Committee established by the New Bylaws designated
to be selected by the ccNSO shall be appointed by the Transition Board
or New Board, depending on which is in existence at the time any particular
appointment is required, after due consultation with members of the
ccTLD community. Upon the ccNSO Council being constituted, the delegate
to the Nominating Committee appointed by the Transition Board or New
Board according to this Section 4(9) then serving shall remain in office,
except that the ccNSO Council may replace that delegate with one of
its choosing within three months after the conclusion of ICANN's annual
meeting, or in the event of a vacancy. Subsequent appointments of the
Nominating Committee delegate described in Article VII, Section 2(8)(c)
shall be made by the ccNSO Council.
Annex B: ccNSO
Policy-Development Process (ccPDP)
The following process shall govern the ccNSO policy-development process
("PDP").
1. Request for an Issue Report
An Issue Report may be requested by any of the following:
a. Council. The ccNSO Council (in this Annex B, the "Council")
may call for the creation of an Issue Report by an affirmative vote
of at least seven of the members of the Council present at any meeting
or voting by e-mail.
b. Board. The ICANN Board may call for the creation of an Issue
Report by requesting the Council to begin the policy-development process.
c. Regional Organization. One or more of the Regional Organizations
representing ccTLDs in the ICANN recognized Regions may call for creation
of an Issue Report by requesting the Council to begin the policy-development
process.
d. ICANN Supporting Organization or Advisory Committee. An ICANN
Supporting Organization or an ICANN Advisory Committee may call for
creation of an Issue Report by requesting the Council to begin the policy-development
process.
e. Members of the ccNSO. The members of the ccNSO may call for
the creation of an Issue Report by an affirmative vote of at least ten
members of the ccNSO present at any meeting or voting by e-mail.
Any request for an Issue Report must be in writing and must set out the
issue upon which an Issue Report is requested in sufficient detail to
enable the Issue Report to be prepared. It shall be open to the Council
to request further information or undertake further research or investigation
for the purpose of determining whether or not the requested Issue Report
should be created.
2. Creation of the Issue Report and Initiation Threshold
Within seven days after an affirmative vote as outlined in Item 1(a)
above or the receipt of a request as outlined in Items 1 (b), (c), or
(d) above the Council shall appoint an Issue Manager. The Issue Manager
may be a staff member of ICANN (in which case the costs of the Issue Manager
shall be borne by ICANN) or such other person or persons selected by the
Council (in which case the ccNSO shall be responsible for the costs of
the Issue Manager).
Within fifteen (15) calendar days after appointment (or such other time
as the Council shall, in consultation with the Issue Manager, deem to
be appropriate), the Issue Manager shall create an Issue Report. Each
Issue Report shall contain at least the following:
a. The proposed issue raised for consideration;
b. The identity of the party submitting the issue;
c. How that party is affected by the issue;
d. Support for the issue to initiate the PDP;
e. A recommendation from the Issue Manager as to whether the Council
should move to initiate the PDP for this issue (the "Manager Recommendation").
Each Manager Recommendation shall include, and be supported by, an opinion
of the ICANN General Counsel regarding whether the issue is properly
within the scope of the ICANN policy process and within the scope of
the ccNSO. In coming to his or her opinion, the General Counsel shall
examine whether:
1) The issue is within the scope of ICANN's mission statement;
2) Analysis of the relevant factors according to Article IX, Section
6(2) and Annex C affirmatively demonstrates that the issue is within
the scope of the ccNSO;
In the event that the General Counsel reaches an opinion in the affirmative
with respect to points 1 and 2 above then the General Counsel shall
also consider whether the issue:
3) Implicates or affects an existing ICANN policy;
4) Is likely to have lasting value or applicability, albeit with
the need for occasional updates, and to establish a guide or framework
for future decision-making.
In all events, consideration of revisions to the ccPDP (this Annex
B) or to the scope of the ccNSO (Annex C) shall be within the scope
of ICANN and the ccNSO.
f. In the event that the Manager Recommendation is in favor of initiating
the PDP, a proposed time line for conducting each of the stages of PDP
outlined herein (PDP Time Line).
g. If possible, the issue report shall indicate whether the resulting
output is likely to result in a policy to be approved by the ICANN Board.
In some circumstances, it will not be possible to do this until substantive
discussions on the issue have taken place. In these cases, the issue
report should indicate this uncertainty.Upon completion of the Issue
Report, the Issue Manager shall distribute it to the full Council for
a vote on whether to initiate the PDP.
3. Initiation of PDP
The Council shall decide whether to initiate the PDP as follows:
a. Within 21 days after receipt of an Issue Report from the Issue Manager,
the Council shall vote on whether to initiate the PDP. Such vote should
be taken at a meeting held in any manner deemed appropriate by the Council,
including in person or by conference call, but if a meeting is not feasible
the vote may occur by e-mail.
b. A vote of ten or more Council members in favor of initiating the
PDP shall be required to initiate the PDP provided that the Issue Report
states that the issue is properly within the scope of the ICANN mission
statement and the ccNSO Scope. In the event that the Issue Report states
it is not properly within the scope of the ICANN mission statement or
the ccNSO Scope, then a vote of twelve or more Council members in favor
of initiating the PDP shall be required to initiate the PDP.
4. Decision Whether to Appoint Task Force; Establishment of Time Line
At the meeting of the Council where the PDP has been initiated (or, where
the Council employs a vote by e-mail, in that vote) pursuant to Item 3
above, the Council shall decide, by a majority vote of members present
at the meeting (or voting by e-mail), whether or not to appoint a task
force to address the issue. If the Council votes:
a. In favor of convening a task force, it shall do so in accordance
with Item 7 below.
b. Against convening a task force, then it shall collect information
on the policy issue in accordance with Item 8 below.
The Council shall also, by a majority vote of members present at the
meeting or voting by e-mail, approve or amend and approve the PDP Time
Lineset out in the Issue Report.
5. Composition and Selection of Task Forces
a. Upon voting to appoint a task force, the Council shall invite each
of the Regional Organizations (see Article IX, Section 6) to appoint
two individuals to participate in the task force (the "Representatives").
Additionally, the Council may appoint up to three advisors (the "Advisors")
from outside the ccNSO and, following formal request for GAC participation
in the Task Force, accept up to two Representatives from the Governmental
Advisory Committee to sit on the task force. The Council may increase
the number of Representatives that may sit on a task force in its discretion
in circumstances that it deems necessary or appropriate.
b. Any Regional Organization wishing to appoint Representatives to
the task force must provide the names of the Representatives to the
Issue Manager within ten (10) calendar days after such request so that
they are included on the task force. Such Representatives need not be
members of the Council, but each must be an individual who has an interest,
and ideally knowledge and expertise, in the subject matter, coupled
with the ability to devote a substantial amount of time to the task
force's activities.
c. The Council may also pursue other actions that it deems appropriate
to assist in the PDP, including appointing a particular individual or
organization to gather information on the issue or scheduling meetings
for deliberation or briefing. All such information shall be submitted
to the Issue Manager in accordance with the PDP Time Line.
6. Public Notification of Initiation of the PDP and Comment Period
After initiation of the PDP, ICANN shall post a notification of such
action to the Website and to the other ICANN Supporting Organizations
and Advisory Committees. A comment period (in accordance with the PDP
Time Line, and ordinarily at least 21 days long) shall be commenced for
the issue. Comments shall be accepted from ccTLD managers, other Supporting
Organizations, Advisory Committees, and from the public. The Issue Manager,
or some other designated Council representative shall review the comments
and incorporate them into a report (the "Comment Report") to
be included in either the Preliminary Task Force Report or the Initial
Report, as applicable.
7. Task Forces
a. Role of Task Force. If a task force is created, its role
shall be responsible for (i) gathering information documenting the positions
of the ccNSO members within the Geographic Regions and other parties
and groups; and (ii) otherwise obtaining relevant information that shall
enable the Task Force Report to be as complete and informative as possible
to facilitate the Council's meaningful and informed deliberation.
The task force shall not have any formal decision-making authority.
Rather, the role of the task force shall be to gather information that
shall document the positions of various parties or groups as specifically
and comprehensively as possible, thereby enabling the Council to have
a meaningful and informed deliberation on the issue.
b. Task Force Charter or Terms of Reference. The Council, with
the assistance of the Issue Manager, shall develop a charter or terms
of reference for the task force (the "Charter") within the
time designated in the PDP Time Line. Such Charter shall include:
1. The issue to be addressed by the task force, as such issue was
articulated for the vote before the Council that initiated the PDP;
2. The specific time line that the task force must adhere to, as
set forth below, unless the Council determines that there is a compelling
reason to extend the timeline; and
3. Any specific instructions from the Council for the task force,
including whether or not the task force should solicit the advice
of outside advisors on the issue.
The task force shall prepare its report and otherwise conduct its activities
in accordance with the Charter. Any request to deviate from the Charter
must be formally presented to the Council and may only be undertaken
by the task force upon a vote of a majority of the Council members present
at a meeting or voting by e-mail. The quorum requirements of Article
IX, Section 3(14) shall apply to Council actions under this Item 7(b).
c. Appointment of Task Force Chair. The Issue Manager shall
convene the first meeting of the task force within the time designated
in the PDP Time Line. At the initial meeting, the task force members
shall, among other things, vote to appoint a task force chair. The chair
shall be responsible for organizing the activities of the task force,
including compiling the Task Force Report. The chair of a task force
need not be a member of the Council.
d. Collection of Information.
1. Regional Organization Statements. The Representatives shall
each be responsible for soliciting the position of the Regional Organization
for their Geographic Region, at a minimum, and may solicit other comments,
as each Representative deems appropriate, including the comments of
the ccNSO members in that region that are not members of the Regional
Organization, regarding the issue under consideration. The position
of the Regional Organization and any other comments gathered by the
Representatives should be submitted in a formal statement to the task
force chair (each, a "Regional Statement") within the time
designated in the PDP Time Line. Every Regional Statement shall include
at least the following:
(i) If a Supermajority Vote (as defined by the Regional Organization)
was reached, a clear statement of the Regional Organization's position
on the issue;
(ii) If a Supermajority Vote was not reached, a clear statement
of all positions espoused by the members of the Regional Organization;
(iii) A clear statement of how the Regional Organization arrived
at its position(s). Specifically, the statement should detail specific
meetings, teleconferences, or other means of deliberating an issue,
and a list of all members who participated or otherwise submitted
their views;
(iv) A statement of the position on the issue of any ccNSO members
that are not members of the Regional Organization;
(v) An analysis of how the issue would affect the Region, including
any financial impact on the Region; and
(vi) An analysis of the period of time that would likely be necessary
to implement the policy.
2. Outside Advisors. The task force may, in its discretion,
solicit the opinions of outside advisors, experts, or other members
of the public. Such opinions should be set forth in a report prepared
by such outside advisors, and (i) clearly labeled as coming from outside
advisors; (ii) accompanied by a detailed statement of the advisors'
(a) qualifications and relevant experience and (b) potential conflicts
of interest. These reports should be submitted in a formal statement
to the task force chair within the time designated in the PDP Time
Line.
e. Task Force Report. The chair of the task force, working with
the Issue Manager, shall compile the Regional Statements, the Comment
Report, and other information or reports, as applicable, into a single
document ("Preliminary Task Force Report") and distribute
the Preliminary Task Force Report to the full task force within the
time designated in the PDP Time Line. The task force shall have a final
task force meeting to consider the issues and try and reach a Supermajority
Vote. After the final task force meeting, the chair of the task force
and the Issue Manager shall create the final task force report (the
"Task Force Report") and post it on the Website and to the
other ICANN Supporting Organizations and Advisory Committees. Each Task
Force Report must include:
1. A clear statement of any Supermajority Vote (being 66% of the
task force) position of the task force on the issue;
2. If a Supermajority Vote was not reached, a clear statement of
all positions espoused by task force members submitted within the
time line for submission of constituency reports. Each statement should
clearly indicate (i) the reasons underlying the position and (ii)
the Regional Organizations that held the position;
3. An analysis of how the issue would affect each Region, including
any financial impact on the Region;
4. An analysis of the period of time that would likely be necessary
to implement the policy; and
5. The advice of any outside advisors appointed to the task force
by the Council, accompanied by a detailed statement of the advisors'
(i) qualifications and relevant experience and (ii) potential conflicts
of interest.
8. Procedure if No Task Force is Formed
a. If the Council decides not to convene a task force, each Regional
Organization shall, within the time designated in the PDP Time Line,
appoint a representative to solicit the Region's views on the issue.
Each such representative shall be asked to submit a Regional Statement
to the Issue Manager within the time designated in the PDP Time Line.
b. The Council may, in its discretion, take other steps to assist in
the PDP, including, for example, appointing a particular individual
or organization, to gather information on the issue or scheduling meetings
for deliberation or briefing. All such information shall be submitted
to the Issue Manager within the time designated in the PDP Time Line.
c. The Council shall formally request the Chair of the GAC to offer
opinion or advice.
d. The Issue Manager shall take all Regional Statements, the Comment
Report, and other information and compile (and post on the Website)
an Initial Report within the time designated in the PDP Time Line. Thereafter,
the Issue Manager shall, in accordance with Item 9 below, create a Final
Report.
9. Comments to the Task Force Report or Initial Report
a. A comment period (in accordance with the PDP Time Line, and ordinarily
at least 21 days long) shall be opened for comments on the Task Force
Report or Initial Report. Comments shall be accepted from ccTLD managers,
other Supporting Organizations, Advisory Committees, and from the public.
All comments shall include the author's name, relevant experience, and
interest in the issue.
b. At the end of the comment period, the Issue Manager shall review
the comments received and may, in the Issue Manager's reasonable discretion,
add appropriate comments to the Task Force Report or Initial Report,
to prepare the "Final Report". The Issue Manager shall not
be obligated to include all comments made during the comment period,
nor shall the Issue Manager be obligated to include all comments submitted
by any one individual or organization.
c. The Issue Manager shall prepare the Final Report and submit it to
the Council chair within the time designated in the PDP Time Line.
10. Council Deliberation
a. Upon receipt of a Final Report, whether as the result of a task
force or otherwise, the Council chair shall (i) distribute the Final
Report to all Council members; (ii) call for a Council meeting within
the time designated in the PDP Time Line wherein the Council shall work
towards achieving a recommendation to present to the Board; and (iii)
formally send to the GAC Chair an invitation to the GAC to offer opinion
or advice. Such meeting may be held in any manner deemed appropriate
by the Council, including in person or by conference call. The Issue
Manager shall be present at the meeting.
b. The Council may commence its deliberation on the issue prior to
the formal meeting, including via in-person meetings, conference calls,
e-mail discussions, or any other means the Council may choose.
c. The Council may, if it so chooses, solicit the opinions of outside
advisors at its final meeting. The opinions of these advisors, if relied
upon by the Council, shall be (i) embodied in the Council's report to
the Board, (ii) specifically identified as coming from an outside advisor;
and (iii) accompanied by a detailed statement of the advisor's (a) qualifications
and relevant experience and (b) potential conflicts of interest.
11. Recommendation of the Council
In considering whether to make a recommendation on the issue (a "Council
Recommendation"), the Council shall seek to act by consensus. If
a minority opposes a consensus position, that minority shall prepare and
circulate to the Council a statement explaining its reasons for opposition.
If the Council's discussion of the statement does not result in consensus,
then a recommendation supported by 14 or more of the Council members shall
be deemed to reflect the view of the Council, and shall be conveyed to
the Members as the Council's Recommendation. Notwithstanding the foregoing,
as outlined below, all viewpoints expressed by Council members during
the PDP must be included in the Members Report.
12. Council Report to the Members
In the event that a Council Recommendation is adopted pursuant to Item
11 then the Issue Manager shall, within seven days after the Council meeting,
incorporate the Council's Recommendation together with any other viewpoints
of the Council members into a Members Report to be approved by the Council
and then to be submitted to the Members (the "Members Report").
The Members Report must contain at least the following:
a. A clear statement of the Council's recommendation;
b. The Final Report submitted to the Council; and
c. A copy of the minutes of the Council's deliberation on the policy
issue (see Item 10), including all the opinions expressed during such
deliberation, accompanied by a description of who expressed such opinions.
13. Members Vote
Following the submission of the Members Report and within the time designated
by the PDP Time Line, the ccNSO members shall be given an opportunity
to vote on the Council Recommendation. The vote of members shall be electronic
and members' votes shall be lodged over such a period of time as designated
in the PDP Time Line (at least 21 days long).
In the event that at least 50% of the ccNSO members lodge votes within
the voting period, the resulting vote will be be employed without further
process. In the event that fewer than 50% of the ccNSO members lodge votes
in the first round of voting, the first round will not be employed and
the results of a second round of voting, conducted after at least thirty
days notice to the ccNSO members, will be employed irrespective of whether
50% of the ccNSO members lodge votes. In the event that more than 66%
of the votes received at the end of the voting period shall be in favor
of the Council Recommendation, then the recommendation shall be conveyed
to the Board in accordance with Item 14 below as the ccNSO Recommendation.
14. Board Report
The Issue Manager shall within seven days after a ccNSO Recommendation
being made in accordance with Item 13 incorporate the ccNSO Recommendation
into a report to be approved by the Council and then to be submitted to
the Board (the "Board Report"). The Board Report must contain
at least the following:
a. A clear statement of the ccNSO recommendation;
b. The Final Report submitted to the Council; and
c. the Members' Report.
15. Board Vote
a. The Board shall meet to discuss the ccNSO Recommendation as soon
as feasible after receipt of the Board Report from the Issue Manager,
taking into account procedures for Board consideration.
b. The Board shall adopt the ccNSO Recommendation unless by a vote
of more than 66% the Board determines that such policy is not in the
best interest of the ICANN community or of ICANN.
1. In the event that the Board determines not to act in accordance
with the ccNSO Recommendation, the Board shall (i) state its reasons
for its determination not to act in accordance with the ccNSO Recommendation
in a report to the Council (the "Board Statement"); and
(ii) submit the Board Statement to the Council.
2. The Council shall discuss the Board Statement with the Board within
thirty days after the Board Statement is submitted to the Council.
The Board shall determine the method (e.g., by teleconference, e-mail,
or otherwise) by which the Council and Board shall discuss the Board
Statement. The discussions shall be held in good faith and in a timely
and efficient manner, to find a mutually acceptable solution.
3. At the conclusion of the Council and Board discussions, the Council
shall meet to affirm or modify its Council Recommendation. A recommendation
supported by 14 or more of the Council members shall be deemed to
reflect the view of the Council (the Council's "Supplemental
Recommendation"). That Supplemental Recommendation shall be conveyed
to the Members in a Supplemental Members Report, including an explanation
for the Supplemental Recommendation. Members shall be given an opportunity
to vote on the Supplemental Recommendation under the same conditions
outlined in Item 13. In the event that more than 66% of the votes
cast by ccNSO Members during the voting period are in favor of the
Supplemental Recommendation then that recommendation shall be conveyed
to Board as the ccNSO Supplemental Recommendation and the Board shall
adopt the recommendation unless by a vote of more than 66% of the
Board determines that such policy is not in the best interest of the
ICANN community or of ICANN.
4. In the event that the Board does not accept the ccNSO Supplemental
Recommendation, it shall state its reasons for doing so in its final
decision ("Supplemental Board Statement").
5. In circumstances where
(i) the Board determines not to accept a ccNSO Supplemental Recommendation,
and
(ii) the opinion of the General Counsel pursuant to Item 2.e. was
that the issue was within the scope of the ccNSO pursuant to the ccNSO's
Scope,
then the Board shall not be entitled to set policy on the issue addressed
by the recommendation and the status quo shall be preserved until such
time as the ccNSO shall, under the ccPDP, make a recommendation on the
issue that is deemed acceptable by the Board.
16. Implementation of the Policy
Upon adoption by the Board of a ccNSO Recommendation or ccNSO Supplemental
Recommendation, the Board shall, as appropriate, direct or authorize ICANN
staff to implement the policy.
17. Maintenance of Records
With respect to each ccPDP for which an Issue Report is requested (see
Item 1), ICANN shall maintain on the Website a status web page detailing
the progress of each ccPDP, which shall provide a list of relevant dates
for the ccPDP and shall also link to the following documents, to the extent
they have been prepared pursuant to the ccPDP:
a. Issue Report;
b. PDP Time Line;
c. Comment Report;
d. Regional Statement(s);
e. Preliminary Task Force Report;
f. Task Force Report;
g. Initial Report;
h. Final Report;
i. Members' Report;
j. Board Report;
k. Board Statement;
l. Supplemental Members' Report; and
m. Supplemental Board Statement.
In addition, ICANN shall post on the Website comments received in electronic
written form specifically suggesting that a ccPDP be initiated.
Annex C: The Scope
of the ccNSO
This annex describes the scope and the principles and method of analysis
to be used in any further development of the scope of the ccNSO's policy-development
role. As provided in Article IX, Section 6(2) of the Bylaws, that scope
shall be defined according to the procedures of the ccPDP.
The scope of the ccNSO's authority and responsibilities must recognize
the complex relation between ICANN and ccTLD managers/registries with
regard to policy issues. This annex shall assist the ccNSO, the ccNSO
Council, and the ICANN Board and staff in delineating relevant global
policy issues.
Policy areas
The ccNSO's policy role should be based on an analysis of the following
functional model of the DNS:
1. Data is registered/maintained to generate a zone file,
2. A zone file is in turn used in TLD name servers.
Within a TLD two functions have to be performed (these are addressed
in greater detail below):
1. Entering data into a database (Data Entry Function) and
2. Maintaining and ensuring upkeep of name-servers for the TLD (Name
Server Function).
These two core functions must be performed at the ccTLD registry level
as well as at a higher level (IANA function and root servers) and at lower
levels of the DNS hierarchy. This mechanism, as RFC 1591 points out, is
recursive:
There are no requirements on sub domains of top-level domains beyond
the requirements on higher-level domains themselves. That is, the requirements
in this memo are applied recursively. In particular, all sub domains shall
be allowed to operate their own domain name servers, providing in them
whatever information the sub domain manager sees fit (as long as it is
true and correct).
The Core Functions
1. Data Entry Function (DEF):
Looking at a more detailed level, the first function (entering and maintaining
data in a database) should be fully defined by a naming policy. This naming
policy must specify the rules and conditions:
(a) under which data will be collected and entered into a database
or data changed (at the TLD level among others, data to reflect a transfer
from registrant to registrant or changing registrar) in the database.
(b) for making certain data generally and publicly available (be it,
for example, through Whois or nameservers).
2. The Name-Server Function (NSF)
The name-server function involves essential interoperability and stability
issues at the heart of the domain name system. The importance of this
function extends to nameservers at the ccTLD level, but also to the root
servers (and root-server system) and nameservers at lower levels.
On its own merit and because of interoperability and stability considerations,
properly functioning nameservers are of utmost importance to the individual,
as well as to the local and the global Internet communities.
With regard to the nameserver function, therefore, policies need to be
defined and established. Most parties involved, including the majority
of ccTLD registries, have accepted the need for common policies in this
area by adhering to the relevant RFCs, among others RFC 1591.
Respective Roles with Regard to Policy, Responsibilities, and Accountabilities
It is in the interest of ICANN and ccTLD managers to ensure the stable
and proper functioning of the domain name system. ICANN and the ccTLD
registries each have a distinctive role to play in this regard that can
be defined by the relevant policies. The scope of the ccNSO cannot be
established without reaching a common understanding of the allocation
of authority between ICANN and ccTLD registries.
Three roles can be distinguished as to which responsibility must be assigned
on any given issue:
- Policy role: i.e. the ability and power to define a policy;
- Executive role: i.e. the ability and power to act upon and implement
the policy; and
- Accountability role: i.e. the ability and power to hold the responsible
entity accountable for exercising its power.
Firstly, responsibility presupposes a policy and this delineates the
policy role. Depending on the issue that needs to be addressed those who
are involved in defining and setting the policy need to be determined
and defined. Secondly, this presupposes an executive role defining the
power to implement and act within the boundaries of a policy. Finally,
as a counter-balance to the executive role, the accountability role needs
to defined and determined.
The information below offers an aid to:
1. delineate and identify specific policy areas;
2. define and determine roles with regard to these specific policy
areas.
This annex defines the scope of the ccNSO with regard to developing policies.
The scope is limited to the policy role of the ccNSO policy-development
process for functions and levels explicitly stated below. It is anticipated
that the accuracy of the assignments of policy, executive, and accountability
roles shown below will be considered during a scope-definition ccPDP process.
Name Server Function (as to ccTLDs)
Level 1: Root Name Servers
Policy role: IETF, RSSAC (ICANN)
Executive role: Root Server System Operators
Accountability role: RSSAC (ICANN), (US DoC-ICANN MoU)
Level 2: ccTLD Registry Name Servers in respect to interoperability
Policy role: ccNSO Policy Development Process (ICANN), for best practices
a ccNSO process can be organized
Executive role: ccTLD Manager
Accountability role: part ICANN (IANA), part Local Internet Community,
including local government
Level 3: User's Name Servers
Policy role: ccTLD Manager, IETF (RFC)
Executive role: Registrant
Accountability role: ccTLD Manager
Data Entry Function (as to ccTLDs)
Level 1: Root Level Registry
Policy role: ccNSO Policy Development Process (ICANN)
Executive role: ICANN (IANA)
Accountability role: ICANN community, ccTLD Managers, US DoC, (national
authorities in some cases)
Level 2: ccTLD Registry
Policy role: Local Internet Community, including local government, and/or
ccTLD Manager according to local structure
Executive role: ccTLD Manager
Accountability role: Local Internet Community, including national authorities
in some cases
Level 3: Second and Lower Levels
Policy role: Registrant
Executive role: Registrant
Accountability role: Registrant, users of lower-level domain names
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