[NA-Discuss] Individuals and Organizations
Bret Fausett
bfausett at internet.law.pro
Tue May 22 19:53:22 EDT 2007
Since the topic has come up on the list once or twice over the last few
days, I thought I might share some history about the creation of the
ALAC as an "Organization of Organizations composed of Individuals."
That's not a structure that one might choose if starting from scratch,
and since it's not at all obvious why it came to be, I thought I'd share
my recollection of events. Some of you know this background information
already, but it may be of interest to those who are new to the ALAC and
the RALOs.
Once upon a time, back in 1998 when ICANN was created, ICANN was
supposed to have 19 members of its Board of Directors. 9 would be
elected by "Supporting Organizations" (3 from each of the domain name
community, the IP address community, and the technical/standards
community). 9 "At Large Directors" also would be elected by individual
Internet users from around the world. And, finally, ICANN's President
would have a seat on the Board. The group that incorporated ICANN seeded
it with 9 "Initial" Directors, intending that they oversee the formation
of the organization and step down when new Directors were elected to
replace them.
Within the first year of ICANN's existence, the three "supporting
organizations" each elected their three Directors, bringing the total on
ICANN's Board to 19, but the initial Directors stayed on until the new
"At Large" Directors could be elected to replace them. But ICANN wasn't
quite sure how to elect these 9 "At Large" Directors, so it tasked
various advisory committees to study the issue. In early 2000, after
close to two years of debate and study, the ICANN Board decided to hold
global online elections. Given the uncertainties of the process and the
fear of election fraud or gaming, the ICANN Board decided not to put
half of its seats up for grabs in one election. Rather than electing 9
"At Large" Directors, it decided to elect only 5. In the summer of 2000,
over 76,000 people signed up to vote in ICANN's online elections. After
a few weeks of campaigning, five new Directors were elected in online
elections overseen by the Carter Center. (You can see the archives here:
http://members.icann.org/).
Following the election, the ICANN Board tasked a blue ribbon committee,
chaired by former Swedish Prime Minister Carl Bildt, to review the
elections and determine what worked, what failed, and make
recommendations for going forward. Some of the issues that the committee
considered were "who is an individual internet user?", "how do you
authenticate individual internet users for voting purposes?", and "how
do you record votes in a secure manner not susceptible to fraud?" At the
end of this study, the Bildt Committee issues a comprehensive set of
recommendations about how to conduct online elections for ICANN Board
seats. (See, http://atlargestudy.org/)
Rejecting the advice of both the Bildt Committee and other groups that
had examined the same issue (http://www.naisproject.org/), the ICANN
Board decided that figuring out how to conduct online elections was far
outside ICANN's mandate, and the subject was distracting it from doing
the real work that it needed to do. Accordingly, it decided that the
terms of the "At Large Directors" would end and that it would move to a
Nominating Committee approach to elect the balance of its Directors.
Many of the people who had studied online elections and campaigned for
an At Large presence, however, were not content to allow the Board to
end At Large participation altogether. The efforts of people like Esther
Dyson, Roberto Gaetano, Vittorio Bertola, Wendy Seltzer, Andy
Mueller-Maguhn, Izumi Aizu, Adam Peake, and Jeannette Hoffman convinced
the Board that it needed to retain an At Large presence.
What the Board agreed to do was sidestep the troublesome issues of "who
is an individual Internet user" and "how do you authenticate
individuals" by substituting existing organizations in the place of
individuals. The logic was that organizations that existed for purposes
other than ICANN presumably would have verified their members, through
membership fees, fund-raising contributions, physical presence or some
other means. ICANN would borrow and build upon the efforts of legitimate
organizations to build its At Large membership.
This was the original thinking behind the idea that At Large Structures
be organizations where individuals predominate; it's basically a fudge
for authentication and verification of individuals.
Bret
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