[EURO-Discuss] Fwd: [NCUC-DISCUSS] NCSG Proposal Version 6

Adam Peake ajp at glocom.ac.jp
Tue Mar 17 12:27:42 EDT 2009


Latest version of the NCUC's proposals for the 
GNSO noncommercial stakeholder's group attached.

And a list of open public comments:

<http://www.icann.org/en/public-comment/public-comment-200904.html>

Adam





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>Reply-To:     Robin Gross <robin at IPJUSTICE.ORG>
>Sender:       Non-Commercial User Constituency <NCUC-DISCUSS at LISTSERV.SYR.EDU>
>From:         Robin Gross <robin at IPJUSTICE.ORG>
>Subject: [NCUC-DISCUSS] NCSG Proposal Version 6
>To:           NCUC-DISCUSS at LISTSERV.SYR.EDU
>
>Attached is the revised and latest version of 
>the NCSG proposal and executive summary (based 
>on discussions in and since Mexico City).
>
>Please let me know if there are any suggestions 
>for further improvements to the proposal by the 
>end of the business day, so it can be submitted 
>to the ICANN Board by the deadline.
>
>Thank you to all of those who helped provide 
>drafting and comments to the latest proposal 
>(especially Mary, Carlos, and Brenden).  This 
>has been a real community effort from a growing 
>team of engaged members.  
>Thanks again!
>
>All best,
>Robin
>
>______________________________________
>The NCUC is pleased to submit a proposed charter 
>for the new Noncommercial Stakeholders Group 
>(NCSG).  This revised proposal reflects comments 
>received in meetings with the Board Governance 
>Committee, during a ³Users¹ House² session and a 
>joint ALAC-NCUC session at the 34th ICANN Public 
>Meeting, in Mexico City, and in discussions with 
>ICANN staff as well as among NCUC members.
>
>This cover letter to our proposal provides: (i) 
>an executive summary of its essential elements; 
>(ii) an explanation on how it advances the 
>principles and goals of the GNSO Improvements 
>process through the adoption of innovative 
>approaches to certain problems posed by the 
>formation of stakeholder groups; and finally 
>(iii) a summary of the specific changes made in 
>comparison to our previous version of the NCSG 
>proposal, as submitted to the ICANN Board on 
>February 28, 2009.
>
>1. Essential Elements of the proposal:
>
>Noncommercial stakeholders join the NCSG 
>directly, and the NCSG keeps track of membership 
>and administers voting for Council seats by the 
>membership as a whole.
>The NCSG is administered by an annually elected 
>Chair and a Policy Committee. The Policy 
>Committee is composed of the 6 elected GNSO 
>Councilors and one representative from each 
>Constituency.
>There are three classes of membership: 1) large 
>organizations (which receive 4 votes), small 
>organizations (which receive 2 votes) and 
>individuals (who receive 1 vote)
>Constituencies are created as subunits within 
>the NCSG and its formation follows some simple 
>procedures, managed by the Policy Committee, 
>which then submits the petition for formation of 
>a new Constituency to the ICANN Board´s approval.
>We have de-linked Constituency formation from 
>Council seats so that NCSG participants do not 
>have artificial incentives to fragment into 
>competing groups, ensuring that a voting system, 
>conducted through all members of the SG, will 
>result in a better and diverse representation on 
>the GNSO than any other model that strings the 
>formation of a Constituency to a seat the 
>Council, favoring corporatism over democracy.
>Constituencies are given special rights to 
>propose Working Groups and assured that their 
>positions are incorporated into any and all 
>public comments submitted by the NCSG into the 
>policy development process.
>
>To protect the voice of minorities in the policy 
>process, we require all NCSG representatives on 
>the GNSO Council to vote in favor of the 
>formation of a Working Group if it has the 
>support of 1/3 of the constituencies or 1/5 of 
>the whole membership.
>
>2. How our proposal addresses Principles and 
>Goals of the GNSO Improvements process:
>
>We would like to explain how this proposal 
>advances the principles and goals of the GNSO 
>Improvements process. As you know, the Board has 
>articulated four ³vital principles² that are 
>critical to the GNSO revitalization process. 
>They are:
>
>§       GNSO policy development activities 
>should become more visible and transparent to a 
>wider range of stakeholders;
>§       Reforms should enhance the 
>representativeness of the GNSO Council and its 
>constituencies;
>§       Operational changes should help enhance 
>the GNSO¹s ability to reach consensus on policy 
>positions that enjoy wide support in the ICANN 
>community; and
>§       GNSO stakeholder representation 
>structures need to be flexible and adaptable.
>
>Our proposal meets these goals better than any of the proposed alternatives.
>
>Principle 1: Visibility and Transparency.
>When noncommercial stakeholders are fragmented 
>into independent constituencies, each with their 
>own mailing list, administrative structure and 
>representatives, it is literally impossible for 
>an ordinary noncommercial organization to keep 
>track of them all.  
>Noncommercial stakeholders in one constituency 
>would have no idea what is happening in other 
>constituencies.  Our proposal integrates all 
>policy deliberation and voting into a unified 
>structure. This enhances the visibility and 
>transparency of the SG.
>
>Principle 2: Representativeness.
>Our proposal enhances representation in several 
>ways.  First, by adopting a model of flexible 
>and easy-to-form constituencies as subunits 
>under the NCSG, we allow a far more diverse set 
>of interests and coalitions to form.  Most 
>important, through unified voting for GNSO 
>Council seats, our proposal ensures that whoever 
>represents noncommercial stakeholders on the 
>Council has support across all constituencies, 
>not just a bare majority of a small subgroup of 
>the SG.
>
>Principle 3: Consensus.
>We believe that the old GNSO constituency 
>structure, which assigns a specific number of 
>Council seats to specific constituencies, is 
>inimical to the formation of consensus.  That 
>approach encourages small subgroups to break 
>away and form their ³own² constituencies in 
>order to gain a guaranteed Council seat.  Once a 
>constituency controls specific Council 
>seats/votes, they have little incentive to seek 
>support from other Council members for their 
>views or their representatives.  We already have 
>evidence from this; we note that none of the 
>³new constituencies² currently being proposed 
>for the Noncommercial Stakeholders actually 
>represent newcomers to the ICANN space.  All of 
>them are existing members of NCUC or RALOs who 
>wish to gain seats on the Council without having 
>to win an election among a large number of other 
>noncommercial entities and individuals.
>
>Our proposal understands that policy development 
>in the new GNSO will not come from a Council 
>acting as a legislator, but from consensus-based 
>Working Groups. Therefore, we allow relatively 
>small minorities of the NCSG to bind our Council 
>representatives to support the formation of a 
>Working Group.  Once a Working Group is formed, 
>its proponents will have to convince many other 
>stakeholders to agree on a common policy. We 
>think there should be a low threshold for the 
>formation of a WG, so that anyone can have a 
>chance to convince the rest of the GNSO of the 
>need for a policy.
>
>Principle 4: Flexibility and Adaptability.
>The old constituency model is broken.  It 
>rigidly assigns Council seats and representation 
>to categories of users that are constantly 
>changing, categories that may overlap in 
>numerous ways.  Dividing the world up into 
>mutually exclusive categories known as 
>³constituencies² is always bound to exclude some 
>people who don¹t fit the categories, and at the 
>same time over-represent entities who qualify 
>for two or three of the categories.  By 
>detaching Constituencies from Council seats, our 
>proposal can make constituencies much more 
>flexible and lightweight.  We make 
>constituencies more like intra-Stakeholder Group 
>working groups ­ easier to form and not mutually 
>exclusive.  NCSG members can join multiple 
>constituencies, and constituencies can form and 
>disband more easily without disrupting the 
>entire representational structure of the NCSG.
>Under the old model, once a constituency is 
>formed, there is a strong danger that it can be 
>captured or controlled by a small group, 
>especially as membership and participation 
>declines.  The NCSG charter proposed here solves 
>this problem by situating constituencies in a 
>large NCSG membership that cannot be easily 
>captured, as addressed in the item below.
>
>3. Changes made to the previous (2/28/9) version of the proposal:
>
>Dealing with ³Threat² of Capture.
>
>A central concern is the ability of special 
>interests or a discrete group to gain a majority 
>of GNSO Councilor seats in the reformed GNSO. 
>Comments suggested that existing participants 
>within the NCUC might have special advantage, or 
>the proposed structure might be subject to 
>³gaming,² specifically capture of Councilor 
>seats by a simple majority.
>
>To the first point, the current NCUC will 
>dissolve completely when the charter goes into 
>effect.  Existing individual and organizational 
>members will be free to form new constituencies 
>and participate in elections according to the 
>charter rules.  They are not privileged in any 
>manner, having the same rights as any new 
>members that chose to join the Stakeholder 
>Group.  The various interests among NCUC members 
>are extremely diverse, perhaps the most varied 
>of all SG¹s, and are difficult to capture by a 
>single viewpoint, given the breadth of 
>noncommercial interests.
>
>To the second point, the threat of ³gaming² 
>exists under any proposed structure.  It should 
>be recognized that concerns about some 
>coordinated push to ³capture² the Noncommercial 
>Constituency have been made since 1999. 
>However, there is no factual basis to suggest 
>this has occurred.  Instead, and as the Board 
>realized in reviewing the BGC recommendations, 
>the issue has always been under-representation 
>of noncommercial interests.  It has always been 
>the case for noncommercial interests that there 
>are not enough people willing and able to get 
>deeply involved and do the work required to 
>participate effectively in the GNSO.  Despite 
>this ongoing difficulty, NCUC¹s membership has 
>increased by more than 40% within the last six 
>months, partially due to the membership being 
>opened for individuals to join.
>
>Nonetheless, in response to this perceived 
>threat of capture, we have extended the minimum 
>voting eligibility period for new Members to 90 
>days (Section 3.4.3).  Such an adjustment should 
>allow opportunity for countervailing interests 
>to form, preventing the flooding of new members¹ 
>right before an election with the specific 
>purpose of winning it, without any actual 
>engagement of such members in the discussions 
>and activities pertaining to the Stakeholders 
>Group.
>
>The current constituency-based model actually 
>aggravates problems of capture because it 
>potentially institutionalizes special 
>interests.  
>Once a constituency has formed and been 
>allocated seats, there is no reasonable 
>mechanism to remove a constituency¹s 
>representatives from the Council, no matter how 
>the broader membership base may change.  
>We partially address this concern by now 
>requiring final approval of Constituencies by 
>the ICANN Board (Section 2.3.1).
>
>Dealing with the demand for diversity in representation on the GNSO Council:
>
>Attempting to categorize individuals and 
>organizations according to constituencies is 
>inimical to growing diverse participation in the 
>stakeholder group.  A constituency-based model 
>of allocating seats is neither flexible nor 
>adaptable to a growing noncommercial membership.
>
>
>In this regard, the discussions in which we 
>engaged during the Mexico meeting featured a 
>wide range of comments on the issue of 
>representation, and providing adequate solutions 
>for a long-term perspective, as well as creating 
>complex voting methods that would end up 
>decreasing the broader representation we seek.
>
>
>One approach suggested that an interim system in 
>which each Constituency would be granted an 
>automatic seat at the GNSO Council could be 
>created as long as no more than six 
>Constituencies exist within the NCSG structure. 
>This suggestion not only fails to provide a 
>long-term solution for the issue, it also 
>creates artificial incentives for the formation 
>of groups that have little concern for the wider 
>range of the membership who the NCSG Council 
>must serve.
>
>
>The outcome of an interim decision like that 
>would encourage the election of NCSG Councilors 
>who have little or no incentive to reach out to 
>other views and constituencies that naturally 
>constitute the non-commercial interest in ICANN.
>
>
>The other proposal ties up non-commercial energy 
>and resources with in-fighting between competing 
>constituencies and dispute mechanisms.  
>It presents complex systems for voting and/or 
>for the allocation of members inside the specter 
>of six forced Constituencies.  And its voting 
>mechanism seems to create a difficult method for 
>measuring the will of the members that integrate 
>the NCSG.
>
>
>There have been even some suggestions for 
>fragmented voting.  We deem that no other system 
>is simpler and direct than allowing each member 
>to vote and that representation results from the 
>election of the ones to whom the majority of 
>votes has been casted.
>
>
>In short, the other NCSG proposal allocates GNSO 
>Council seats by constituencies competing with 
>one another, while our proposal allocates 
>Council seats via constituencies cooperating 
>with one another to find a consensus.
>
>
>The recently submitted charters of the 
>Registries and Registrars provide for GNSO 
>Councilors to be elected by Stakeholder 
>Group-wide membership rather than individual 
>constituencies.  In this matter, each of these 
>charters (ours, the Registries, and the 
>Registrars) seem to present the same solution 
>for the issue of representation.
>
>The reason for this in the non-commercial 
>stakeholder group is simple: There are no 
>concentrated benefits for noncommercial 
>participants to counter their costs of 
>participating in a global policy making 
>institution.  A simple solution to this is to 
>lower structural barriers to participation, as 
>the NCSG charter does by providing for direct 
>representation and easy participation within 
>constituencies.
>
>Our proposed NCSG Charter tackles the issue of 
>representation, avoids interim suggestions, and 
>puts forth a system that allows the broadest and 
>most democratic representation of noncommercial 
>interests.
>
>Conclusion
>
>Although it has transformed significantly along 
>the way, our proposal is not new.  We have been 
>working on this charter since June of 2008, and 
>have entered into extensive consultations with 
>ICANN staff members, ALAC, At Large 
>representatives, board members, and our own 
>constituency members on its development.  We 
>feel that much has been improved to guarantee 
>diversity in representation, to secure a space 
>for minority views to be heard, and to address 
>the concern over capture.
>
>We thank ICANN for allowing us an opportunity to 
>provide this revised proposal that reflects the 
>comments and suggestions received from all 
>interested parties who have joined in the effort 
>to present the best charter possible for the 
>NCSG structure, built upon consensus and the 
>principles that guide the GNSO Improvements 
>process.  We stand ready to continue to work 
>with the ICANN community to improve this NCSG 
>proposal eve  further.
>
>Best regards,
>
>Robin Gross,
>Chair, Noncommercial Users Constituency
>
>
>
>? ?
>
>
>IP JUSTICE
>Robin Gross, Executive Director
>1192 Haight Street, San Francisco, CA  94117  USA
>p: +1-415-553-6261    f: +1-415-462-6451
>w: http://www.ipjustice.org     e: robin at ipjustice.org
>
>
>
>
>Attached is the revised and latest version of 
>the NCSG proposal and executive summary (based 
>on discussions in and since Mexico City).
>
>Please let me know if there are any suggestions 
>for further improvements to the proposal by the 
>end of the business day, so it can be submitted 
>to the ICANN Board by the deadline.
>
>Thank you to all of those who helped provide 
>drafting and comments to the latest proposal 
>(especially Mary, Carlos, and Brenden). This has 
>been a real community effort from a growing team 
>of engaged members. Thanks again!
>
>All best,
>Robin
>
>______________________________________
>
>The NCUC is pleased to submit a proposed charter 
>for the new Noncommercial Stakeholders Group 
>(NCSG). This revised proposal reflects comments 
>received in meetings with the Board Governance 
>Committee, during a ³Users¹ House² session and a 
>joint ALAC-NCUC session at the 34th ICANN Public 
>Meeting, in Mexico City, and in discussions with 
>ICANN staff as well as among NCUC members.
>
>This cover letter to our proposal provides: (i) 
>an executive summary of its essential elements; 
>(ii) an explanation on how it advances the 
>principles and goals of the GNSO Improvements 
>process through the adoption of innovative 
>approaches to certain problems posed by the 
>formation of stakeholder groups; and finally 
>(iii) a summary of the specific changes made in 
>comparison to our previous version of the NCSG 
>proposal, as submitted to the ICANN Board on 
>February 28, 2009.
>
>1. Essential Elements of the proposal:
>
>1.	Noncommercial stakeholders join the NCSG 
>directly, and the NCSG keeps track of membership 
>and administers voting for Council seats by the 
>membership as a whole.
>2.	The NCSG is administered by an annually 
>elected Chair and a Policy Committee. The Policy 
>Committee is composed of the 6 elected GNSO 
>Councilors and one representative from each 
>Constituency.
>3.	There are three classes of membership: 1) 
>large organizations (which receive 4 votes), 
>small organizations (which receive 2 votes) and 
>individuals (who receive 1 vote)
>4.	Constituencies are created as subunits 
>within the NCSG and its formation follows some 
>simple procedures, managed by the Policy 
>Committee, which then submits the petition for 
>formation of a new Constituency to the ICANN 
>BoardZs approval.
>5.	We have de-linked Constituency formation 
>from Council seats so that NCSG participants do 
>not have artificial incentives to fragment into 
>competing groups, ensuring that a voting system, 
>conducted through all members of the SG, will 
>result in a better and diverse representation on 
>the GNSO than any other model that strings the 
>formation of a Constituency to a seat the 
>Council, favoring corporatism over democracy.
>6.	Constituencies are given special rights 
>to propose Working Groups and assured that their 
>positions are incorporated into any and all 
>public comments submitted by the NCSG into the 
>policy development process.
>
>To protect the voice of minorities in the policy 
>process, we require all NCSG representatives on 
>the GNSO Council to vote in favor of the 
>formation of a Working Group if it has the 
>support of 1/3 of the constituencies or 1/5 of 
>the whole membership.
>
>2. How our proposal addresses Principles and 
>Goals of the GNSO Improvements process:
>
>We would like to explain how this proposal 
>advances the principles and goals of the GNSO 
>Improvements process. As you know, the Board has 
>articulated four ³vital principles² that are 
>critical to the GNSO revitalization process. 
>They are:
>
>§ GNSO policy development activities should 
>become more visible and transparent to a wider 
>range of stakeholders;
>
>§ Reforms should enhance the representativeness 
>of the GNSO Council and its constituencies;
>
>§ Operational changes should help enhance the 
>GNSO¹s ability to reach consensus on policy 
>positions that enjoy wide support in the ICANN 
>community; and
>
>§ GNSO stakeholder representation structures 
>need to be flexible and adaptable.
>
>Our proposal meets these goals better than any of the proposed alternatives.
>Principle 1: Visibility and Transparency.
>When noncommercial stakeholders are fragmented 
>into independent constituencies, each with their 
>own mailing list, administrative structure and 
>representatives, it is literally impossible for 
>an ordinary noncommercial organization to keep 
>track of them all. Noncommercial stakeholders in 
>one constituency would have no idea what is 
>happening in other constituencies. Our proposal 
>integrates all policy deliberation and voting 
>into a unified structure. This enhances the 
>visibility and transparency of the SG.
>Principle 2: Representativeness.
>Our proposal enhances representation in several 
>ways. First, by adopting a model of flexible and 
>easy-to-form constituencies as subunits under 
>the NCSG, we allow a far more diverse set of 
>interests and coalitions to form. Most 
>important, through unified voting for GNSO 
>Council seats, our proposal ensures that whoever 
>represents noncommercial stakeholders on the 
>Council has support across all constituencies, 
>not just a bare majority of a small subgroup of 
>the SG.
>Principle 3: Consensus.
>We believe that the old GNSO constituency 
>structure, which assigns a specific number of 
>Council seats to specific constituencies, is 
>inimical to the formation of consensus. That 
>approach encourages small subgroups to break 
>away and form their ³own² constituencies in 
>order to gain a guaranteed Council seat. Once a 
>constituency controls specific Council 
>seats/votes, they have little incentive to seek 
>support from other Council members for their 
>views or their representatives. We already have 
>evidence from this; we note that none of the 
>³new constituencies² currently being proposed 
>for the Noncommercial Stakeholders actually 
>represent newcomers to the ICANN space. All of 
>them are existing members of NCUC or RALOs who 
>wish to gain seats on the Council without having 
>to win an election among a large number of other 
>noncommercial entities and individuals.
>Our proposal understands that policy development 
>in the new GNSO will not come from a Council 
>acting as a legislator, but from consensus-based 
>Working Groups. Therefore, we allow relatively 
>small minorities of the NCSG to bind our Council 
>representatives to support the formation of a 
>Working Group. Once a Working Group is formed, 
>its proponents will have to convince many other 
>stakeholders to agree on a common policy. We 
>think there should be a low threshold for the 
>formation of a WG, so that anyone can have a 
>chance to convince the rest of the GNSO of the 
>need for a policy.
>Principle 4: Flexibility and Adaptability.
>The old constituency model is broken. It rigidly 
>assigns Council seats and representation to 
>categories of users that are constantly 
>changing, categories that may overlap in 
>numerous ways. Dividing the world up into 
>mutually exclusive categories known as 
>³constituencies² is always bound to exclude some 
>people who don¹t fit the categories, and at the 
>same time over-represent entities who qualify 
>for two or three of the categories. By detaching 
>Constituencies from Council seats, our proposal 
>can make constituencies much more flexible and 
>lightweight. We make constituencies more like 
>intra-Stakeholder Group working groups ­ easier 
>to form and not mutually exclusive. NCSG members 
>can join multiple constituencies, and 
>constituencies can form and disband more easily 
>without disrupting the entire representational 
>structure of the NCSG.
>
>Under the old model, once a constituency is 
>formed, there is a strong danger that it can be 
>captured or controlled by a small group, 
>especially as membership and participation 
>declines. The NCSG charter proposed here solves 
>this problem by situating constituencies in a 
>large NCSG membership that cannot be easily 
>captured, as addressed in the item below.
>
>3. Changes made to the previous (2/28/9) version of the proposal:
>
>Dealing with ³Threat² of Capture.
>
>A central concern is the ability of special 
>interests or a discrete group to gain a majority 
>of GNSO Councilor seats in the reformed GNSO. 
>Comments suggested that existing participants 
>within the NCUC might have special advantage, or 
>the proposed structure might be subject to 
>³gaming,² specifically capture of Councilor 
>seats by a simple majority.
>
>To the first point, the current NCUC will 
>dissolve completely when the charter goes into 
>effect. Existing individual and organizational 
>members will be free to form new constituencies 
>and participate in elections according to the 
>charter rules. They are not privileged in any 
>manner, having the same rights as any new 
>members that chose to join the Stakeholder 
>Group. The various interests among NCUC members 
>are extremely diverse, perhaps the most varied 
>of all SG¹s, and are difficult to capture by a 
>single viewpoint, given the breadth of 
>noncommercial interests.
>
>To the second point, the threat of ³gaming² 
>exists under any proposed structure. It should 
>be recognized that concerns about some 
>coordinated push to ³capture² the Noncommercial 
>Constituency have been made since 1999. However, 
>there is no factual basis to suggest this has 
>occurred. Instead, and as the Board realized in 
>reviewing the BGC recommendations, the issue has 
>always been under-representation of 
>noncommercial interests. It has always been the 
>case for noncommercial interests that there are 
>not enough people willing and able to get deeply 
>involved and do the work required to participate 
>effectively in the GNSO. Despite this ongoing 
>difficulty, NCUC¹s membership has increased by 
>more than 40% within the last six months, 
>partially due to the membership being opened for 
>individuals to join.
>
>Nonetheless, in response to this perceived 
>threat of capture, we have extended the minimum 
>voting eligibility period for new Members to 90 
>days (Section 3.4.3). Such an adjustment should 
>allow opportunity for countervailing interests 
>to form, preventing the flooding of new members¹ 
>right before an election with the specific 
>purpose of winning it, without any actual 
>engagement of such members in the discussions 
>and activities pertaining to the Stakeholders 
>Group.
>
>The current constituency-based model actually 
>aggravates problems of capture because it 
>potentially institutionalizes special interests. 
>Once a constituency has formed and been 
>allocated seats, there is no reasonable 
>mechanism to remove a constituency¹s 
>representatives from the Council, no matter how 
>the broader membership base may change. We 
>partially address this concern by now requiring 
>final approval of Constituencies by the ICANN 
>Board (Section 2.3.1).
>
>Dealing with the demand for diversity in representation on the GNSO Council:
>
>Attempting to categorize individuals and 
>organizations according to constituencies is 
>inimical to growing diverse participation in the 
>stakeholder group. A constituency-based model of 
>allocating seats is neither flexible nor 
>adaptable to a growing noncommercial membership.
>
>In this regard, the discussions in which we 
>engaged during the Mexico meeting featured a 
>wide range of comments on the issue of 
>representation, and providing adequate solutions 
>for a long-term perspective, as well as creating 
>complex voting methods that would end up 
>decreasing the broader representation we seek.
>
>One approach suggested that an interim system in 
>which each Constituency would be granted an 
>automatic seat at the GNSO Council could be 
>created as long as no more than six 
>Constituencies exist within the NCSG structure. 
>This suggestion not only fails to provide a 
>long-term solution for the issue, it also 
>creates artificial incentives for the formation 
>of groups that have little concern for the wider 
>range of the membership who the NCSG Council 
>must serve.
>
>The outcome of an interim decision like that 
>would encourage the election of NCSG Councilors 
>who have little or no incentive to reach out to 
>other views and constituencies that naturally 
>constitute the non-commercial interest in ICANN.
>
>The other proposal ties up non-commercial energy 
>and resources with in-fighting between competing 
>constituencies and dispute mechanisms. It 
>presents complex systems for voting and/or for 
>the allocation of members inside the specter of 
>six forced Constituencies. And its voting 
>mechanism seems to create a difficult method for 
>measuring the will of the members that integrate 
>the NCSG.
>
>There have been even some suggestions for 
>fragmented voting. We deem that no other system 
>is simpler and direct than allowing each member 
>to vote and that representation results from the 
>election of the ones to whom the majority of 
>votes has been casted.
>
>In short, the other NCSG proposal allocates GNSO 
>Council seats by constituencies competing with 
>one another, while our proposal allocates 
>Council seats via constituencies cooperating 
>with one another to find a consensus.
>
>The recently submitted charters of the 
>Registries and Registrars provide for GNSO 
>Councilors to be elected by Stakeholder 
>Group-wide membership rather than individual 
>constituencies. In this matter, each of these 
>charters (ours, the Registries, and the 
>Registrars) seem to present the same solution 
>for the issue of representation.
>
>The reason for this in the non-commercial 
>stakeholder group is simple: There are no 
>concentrated benefits for noncommercial 
>participants to counter their costs of 
>participating in a global policy making 
>institution. A simple solution to this is to 
>lower structural barriers to participation, as 
>the NCSG charter does by providing for direct 
>representation and easy participation within 
>constituencies.
>
>Our proposed NCSG Charter tackles the issue of 
>representation, avoids interim suggestions, and 
>puts forth a system that allows the broadest and 
>most democratic representation of noncommercial 
>interests.
>
>Conclusion
>
>Although it has transformed significantly along 
>the way, our proposal is not new. We have been 
>working on this charter since June of 2008, and 
>have entered into extensive consultations with 
>ICANN staff members, ALAC, At Large 
>representatives, board members, and our own 
>constituency members on its development. We feel 
>that much has been improved to guarantee 
>diversity in representation, to secure a space 
>for minority views to be heard, and to address 
>the concern over capture.
>
>We thank ICANN for allowing us an opportunity to 
>provide this revised proposal that reflects the 
>comments and suggestions received from all 
>interested parties who have joined in the effort 
>to present the best charter possible for the 
>NCSG structure, built upon consensus and the 
>principles that guide the GNSO Improvements 
>process. We stand ready to continue to work with 
>the ICANN community to improve this NCSG 
>proposal eve further.
>
>Best regards,
>Robin Gross,
>
>Chair, Noncommercial Users Constituency
>
>
>
>
>
>
>
>
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>	x-mac-creator=4D535744;
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>Content-Disposition: attachment;
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>
>
>IP JUSTICE
>Robin Gross, Executive Director
>1192 Haight Street, San Francisco, CA  94117  USA
>p: +1-415-553-6261    f: +1-415-462-6451
>w: 
><http://www.ipjustice.org>http://www.ipjustice.org 
> e: <mailto:robin at ipjustice.org>robin at ipjustice.org
>
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