[EURO-Discuss] comments on draft of MOU

[Annette Muehlberg]

Hi all,

as you already know, unfortunately I am not able to attend our important 
Lisbon Meeting. I wish you all good luck, so that we get our new 
european organisation started.
Together with Oliver Passek, I put our comments on the draft of the MOU 
in the Wiki (see text below).

https://st.icann.org/euralo/index.cgi?draft_mou

What do you think of signing this very sunday - when the EU celebrates 
50 years of Roman contract - the document of the European Internet Users 
Forum in the course of incorporation? Would love to join you. Try to do 
it virtually.

All the best to all of you

Annette


    MEMORANDUM OF UNDERSTANDING


    Between


    The Internet Corporation for Assigned Names and Numbers,
    Incorporated ("ICANN")


    and


    The Organizations


    in the European Region Accredited as 'At-Large Structures


    that are Signatories ("Signing Organizations")

Done this __ Day of ____ 2007

1. Purpose and Scope

1.1 This Memorandum of Understanding ("MOU") defines an agreement 
between the Signing Organizations and the Internet Corporation for 
Assigned Names and Numbers. Its intent is to establish, and define 
activities to be carried out by, the EURALO, and supported by ICANN.

1.2 The EURALO shall have the following objectives:

1.2.1 To provide a forum and promote and encourage European Internet 
users' participation and involvement in ICANN in an open, accountable 
and transparent manner;

1.2.2 To promote, understand and advocate for individual Internet users 
and to provide a forum for outreach, co-ordination and exchange of 
information and knowledge for persons who live in the European region as 
defined by ICANN.

1.2.3 To act as an interface between individual Internet users and ICANN 
and to promote skills development and information exchange related to 
the Internet amongst Members;

1.2.4 To breach the digital divide and encourage users in developing 
countries to participate in EURALO.

    * Do we have developing countries in the Region? This seems
      superfluous to me. --vb.

1.2.5 To select two Members of EURALO to represent them on the At-Large 
Advisory Committee

    * What about "To select representatives of EURALO in the At-Large
      Advisory Committee and in other bodies as appropriate"? The
      specific positions could change in the future. --vb. --Agree am.

*2. Definition of Terms and Abbreviations:*

2.1 ICANN - Internet Corporation for Assigned Names and Numbers.

2.2 ALAC -- ICANN At-Large Advisory Committee.

2.3 Signing Organisations -- Organizations in the European region 
accredited by the ALAC as "At-Large Structures" that are signatories to 
this MOU.

    * Shouldn't be the EURALO (European Internet Users Forum) the
      signing organisation? To make it possible to sign at the ICANN
      Meeting in Lisbon could it be possible to sign as organisation in
      the course of incorporation with the signitures of the founding
      ALS representatives? --am/op

2.4 EURALO -- European Regional At-Large Organization.

2.5 At-Large Structure (ALS) -- An organization accredited by the ALAC 
according to published criteria and standards.

2.6 Region -- European Geographic Region as defined by ICANN

2.7 Member - A member of the EURALO

3. Composition of EURALO

3.1 All ALSes in the European region shall be Members of the EURALO.

3.2 To help ensure participation by any interested individual in the 
European Region, the EURALO will encourage the formation and 
accreditation of additional At-Large Structures and their participation 
in the EURALO.

3.3 The EURALO recognizes that ICANN has established criteria and 
standards for the accreditation of ALSes. The EURALO will encourage 
organizations to apply for certification and assist with certification, 
including by:

a. Reviewing ALS applications from organizations in European upon 
submission to ICANN and recommending whether or not the organization 
should be accredited as an ALS:

b. Providing European ALS applicants with EURALO information and, if 
recommended by the EURALO for accreditation, provisional membership in 
the EURALO whilst the ALS application is under consideration by the ALAC;

    * EURALO/EUIF has up to now no rules for a provisional membership.
      -- am/op

c. When ALS certification is verified by the ALAC for European 
applicants, these applicants will be granted membership in the EURALO.

3.4 There shall be no limit as to the number of Members of the EURALO.

3.5 All Members shall be entitled to attend and participate at all 
Meetings and be entitled to access information via a publicly accessed 
World Wide Web site maintained by EURALO.

3.6 All Members shall be entitled to participate in EURALO mailing lists.

*4. Agreed Responsibilities of ICANN*

ICANN agrees that during the term of this MOU it will work in 
conjunction with the EURALO to support At-Large activities within the 
European Region, including:

4.1. Helping to inform individual Internet users in the Region about 
ICANN news, meetings, policy development activities, and opportunities 
for ICANN participation;

4.2 Helping to promote outreach activities in the community of 
individual Internet users in the Region to advance understanding of, and 
participation in, issues addressed by ICANN that affect individual 
Internet users;

4.3 Offering Internet-based mechanisms that enable discussions among 
members of At-Large structures in the Region and with those involved in 
ICANN decision-making, and encourage interested individuals to share 
their views on pending ICANN issues.

4.4 Providing the necessary resources to help support EURALO activities 
subject to ICANN's annual operational and budgetary plans and processes.

    * Can we add at least one more specific commitment, such as
      "Covering the expenses to allow attendance to ICANN's official
      meetings to the individuals selected by the EURALO as its
      representatives in the At-Large Advisory Committee"? --vb.

4.5 Accrediting, through the ALAC, and taking full account of Clause 3.3 
of this MOU, groups of individual Internet users in the Region as 
At-Large Structures using the minimum criteria and accreditation process 
as provided in the ICANN Bylaws.

5. Agreed Responsibilities of the EURALO

The Signing Organizations agree that during the term of this MOU they 
will work in conjunction with ICANN to support At-Large activities 
within the Region, including:

    * see comment 2.3 -- am/op

5.1. Helping to inform individual Internet users in the Region about 
ICANN news, meetings, policy development activities, and opportunities 
for ICANN participation;

5.2 Helping to promote outreach activities in the community of 
individual Internet users in the Region to advance understanding of, and 
participation in, issues addressed by ICANN that affect individual 
Internet users;

5.3 Offering Internet-based mechanisms that enable discussions among 
members of At-Large structures in the Region and with those involved in 
ICANN decision-making, and encourage interested individuals to share 
their views on pending ICANN issues.

5.4 Selecting two members to serve on the ALAC

    * see comment 1.2.5 by vb -- am/op

5.4.1 The EURALO will choose two (2) individuals to serve as 
representatives to the At Large Advisory Committee (ALAC), in the terms 
specified in the ICANN Bylaws. To the extent possible, the ALAC 
representatives shall be selected by consensus; if a consensus cannot be 
reached then a vote shall be held. Only those ALSes, and, to the extent 
voting rights are extended to individual members of EURALO as determined 
by the General Assembly of EURALO under rules as it shall determine, 
those individuals, who have been accredited prior to the election will 
be able to vote. Each accredited ALS will have one (1) vote. The 
selected representatives must be members of different ALSes, must have 
their principal residence in different countries of the region and their 
nationalities must be different. Selected representatives will have the 
responsibilities described in the ICANN Bylaws.

    * We should have an earlier term for participation, such as "30 days
      before the election", to prevent last minute rushes to enrollment.
      Also, I think we had agreed (in Athens) on more precise diversity
      conditions, namely that the three ALAC members representing Europe
      would have to be from three different sub-regions of Europe as
      defined in the EURALO Bylaws. --vb.

    * Proposal: We should rewrite second and third sentence - as voting
      rights and minimum term of membership are defined by EURALO/EIUF
      bylaws: "The voting rights of ALSes and individual members shall
      be determined by the EURALO/EIUF. am/op.

5.5 Periodically reviewing the results of their the Parties' cooperation 
under the MOU and, when appropriate, recommending improvements in the MOU.

*6. General Provisions*

6.1 This Agreement requires the ratification of the ICANN Board of 
Directors.

6.2 This Agreement will become effective when signed by all Parties. The 
Agreement may be amended at any time by mutual agreement of the parties 
in writing. Either party may terminate this Agreement by providing one 
hundred twenty (120) days written notice to the other party. In the 
event this Agreement is terminated, each party shall be solely 
responsible for the payment of any expenses it has incurred in relation 
to the termination of this Agreement.

6.3.1 Amendments to this Agreement must be approved by the EURALO 
General Assembly, who which will designate the representative, or 
representatives, to sign the amendments on behalf of the EURALO.

6.4 The EURALO General Assembly shall determine the extent to which 
ALSes in the Region not a party to this Memorandum of Understanding must 
consent to be bound by its terms in order to participate in the 
governance and activities of the EURALO, and any the procedure to be 
used to signify the same, as well as the procedure by which an ALS may 
revoke its consent once given.

    * I think that, if this is an agreement to be signed directly
      between ALSes and ICANN (as opposite to, between EURALO and
      ICANN), then new ALSes should be required to sign it after
      accreditation, to obtain membership of EURALO. Perhaps 3.1 should
      contain clauses to that effect, for example "All ALSes in the
      European region shall be Members of the EURALO. They will gain
      their effective membership in EURALO upon receiving accreditation
      as an ALS by ICANN and signing this MoU." --vb.
    * Compare 2.3 and otherwise - support of Vittorio's proposal. -- am/op.

IN WITNESS WHEREOF, this Memorandum of Understanding is executed this 
number <https://st.icann.org/static/2.2.0.0/html/index.cgi?number> day 
of month <https://st.icann.org/static/2.2.0.0/html/index.cgi?month> 2007 
by the Parties, acting through their duly authorised representatives.

Execution shall be upon signature for the Signing Organisations. For 
ICANN, execution shall be contingent upon final approval by the ICANN 
Board following completion of the public comment period.

FOR AND ON BEHALF OF:

THE SIGNING ORGANIZATIONS ICANN

NAME OF ORGANISATION 1

Name: Name: __________________
Title: Title: ____________________

NAME OF ORGANISATION 2

Name:
Title:


      END OF DOCUMENT*

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