[NA-Discuss] FW: [At-Large] NomCom review

[Nick Ashton-Hart]

All of this has been through legal review.

On 27 Jul 2007, at 14:58, Danny Younger wrote:

> Robert,
>
> Clause 2 (you're probably thinking of section C) only
> refers to umbrella organizations.
>
> I would advise getting a formal ruling from ICANN
> Legal Staff as to whether ICANN is empowered to
> discriminate against legally constituted commercial
> organizations.
>
>
>
>
>
> --- Robert Guerra <lists at privaterra.info> wrote:
>
>> Danny:
>>
>>
>> On 27-Jul-07, at 8:46 AM, Danny Younger wrote:
>>
>>> Robert,
>>>
>>> I've seen the 26th June 2007 document
>>> ALAC/2007/SD/2.Rev6 marked "DRAFT", and under the
>>> criteria cited therein VeriSign could apply for
>> ALS
>>> status and be recognized as an organization
>>> representing the at-large.  Is this also your
>>> assessment?
>>>
>>
>> I disagree. I think verisign or any other commercial
>> (or govt) entity
>> would  not eligible.
>>
>>
>> If i'm not mistaken there is a clause in the text ,
>> perhaps in the
>> one of the criteria sections (perhaps #2) that
>> specify that
>> organizations that are  controlled or directed by
>> for-profit or
>> governmental entities are not eligible.
>>
>> I know there was a big discussion about the clause
>> in question .
>> those from NA , Europe and perhaps LAC (no sure)
>> thought that govts
>> and commercial entities should be excluded. However
>> colleagues from
>> AP and Africa mentioned that in their region it
>> often the case that
>> user groups are multi-stakeholder in nature. There
>> was a bit of an
>> impasse until someone came up with the text below
>> that allowed
>> regions to have a bit more flexibility:
>>
>>
>> Where a RALO believes that these Guidelines would
>> have the effect of
>> denying otherwise bona-fide[1] organizations being
>> accredited due to
>> the unique characteristics of the development of
>> that Region’s
>> Internet community, the RALO General Assembly shall
>> notify the ALAC
>> in writing of the need to modify these Guidelines
>> and the reasons for
>> doing so. Where the ALAC does not object, and the
>> ICANN General
>> Counsel does not see the variation as in conflict
>> with the Bylaws of
>> ICANN and the Minimum Criteria as set by the Board,
>> the modification
>> shall prevail over the clause, or clauses, in
>> question in these
>> Guidelines for that RALO
>>
>> [1] bona-fide in this context meaning “legitimate”
>> or “acceptable”.
>>
>> As the document is one that the  ALAC chair and Nick
>> are more
>> familiar with, i'd prefer to defer to them  to
>> clarify any issues
>> that you have and if in fact the new guidelines
>> would exclude
>> commercial entities or allow them as you imply.
>>
>> If indeed the rules & guidelines allow verisign in -
>> then, we'd need
>> to fix the text. If that proves to be the case,
>> would you be able to
>> put forward  specific amendments to the text - ones
>> that address your
>> point but at the same time take into consideration
>> the regional
>> concerns mentioned by the At-large communities from
>> Africa and Asia
>> Pacific.
>>
>>
>>
>> regards
>>
>> Robert
>>
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>>
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>>
>> Draft Code of Conduct:
>> http://www.icannwiki.org/NARALO_Code_of_Conduct
>
>
>
>        
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>
> Draft Operating Principles:
> http://www.icannwiki.org/NA_RALO_OP
>
> Draft Code of Conduct:
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