Prepared By: The Berkman Center for Internet and Society at Harvard Law School
Ben Edelman, Larry Lessig, Molly Shaffer Van Houweling, Jonathan Zittrain
| 9. Councils | |||
| 9.1. General | |||
| White Paper Structure. The Internet community is already global and diverse and likely to become more so over time. The organization and its board should derive legitimacy from the participation of key stakeholders. Since the organization will be concerned mainly with numbers, names and protocols, its board should represent membership organizations in each of these areas, as well as the direct interests of Internet users. | "Consensus" No points found. | IANA Draft Bylaws v5 ARTICLE VI: SUPPORTING ORGANIZATIONS Section 1. POWERS (a) The Supporting Organizations shall serve as advisory bodies to the Board and shall have such powers and duties as may be prescribed by the Board and these Bylaws. The Board may add additional Supporting Organizations by a two-thirds (2/3) majority vote of all members of the Board and in such event shall, by such two-thirds (2/3) vote, reallocate the positions on the Board set forth in Section 4 of Article V. A Supporting Organization may not have obligations to any other entity inconsistent with its duties to the Corporation. (b) Each Supporting Organization shall be responsible for nominating Directors for election to those seats on the Board designated to be filled by each Supporting Organization. (c) The Supporting Organizations shall be delegated the primary responsibility for developing and recommending substantive policies and procedures regarding those matters within their individual scope (as defined by the Board in its recognition of each such Supporting Organization). Any such recommendation forwarded to the Board by a Supporting Organization shall be simultaneously transmitted to all other Supporting Organizations so that each Supporting Organization may comment to the Board regarding the implications of such a recommendation on activities within their individual scope. The Board shall accept the recommendations of a Supporting Organization if the Board finds that the recommended action, policy or procedure (1) complies with the Articles and Bylaws, (2) was arrived at through fair and open processes (including permitting participation by representatives of other Supporting Organizations if requested), (3) is not reasonably opposed by any of the other Supporting Organizations, and (4) furthers the purposes of the Corporation. If the Board declines to accept any such recommendation of a Supporting Organization, it shall return the recommendation to the Supporting Organization for further consideration, along with an explanation of the reasons it declines to accept the recommendation. If, after reasonable efforts, the Board does not receive a recommendation from a Supporting Organization that meets the foregoing standards or, after attempting to mediate any disputes or disagreements between Supporting Organizations, receives conflicting recommendations from Supporting Organizations, and the Board finds that there is a justification for prompt action, the Board may initiate, amend or modify and then approve a specific action, policy or procedure. Nothing in this Section 1 is intended to limit the general powers of the Board or the Corporation to act on matters not within the scope of a Supporting Organization or that the Board finds are necessary or appropriate to further the purposes of the Corporation. Section 2. QUALIFICATION FOR MEMBERSHIP IN A SUPPORTING ORGANIZATION The Board shall review and, if consistent with the purposes of the Corporation and its Articles and Bylaws and the purposes of the Supporting Organization, ratify any qualifications for membership adopted by each of the Supporting Organizations. Participation in a Supporting Organization shall be open to any individual or organization that meets the minimum qualifications adopted by the Supporting Organization and ratified by the Board. Each Supporting Organization may adopt membership structures, including open or multiple classes or categories of members, that it deems appropriate for its effective functioning, consistent with the foregoing. | Boston Working Group ARTICLE VI: SUPPORTING ORGANIZATIONS Section 1. POWERS Removed: (b) Each Supporting Organization shall be responsible for nominating Directors for election to those seats on the Board designated to be filled by each Supporting Organization. |
| 9.2. Initial | |||
| White Paper No points found. | "Consensus" The Entity shall have councils with their supporting organizations. | IANA Draft Bylaws v5 ARTICLE VI: SUPPORTING ORGANIZATIONS Section 3. DESCRIPTION AND QUALIFICATIONS (a) There shall at least be the following Supporting Organizations: (i) The Address Supporting Organization shall be composed of representatives from regional Internet address registries and others with legitimate interests in these issues, as determined by the Address Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Address Supporting Organization shall create an Address Council to make recommendations to the Board regarding the operation, assignment and management of Internet addresses and other related subjects; (ii) The Domain Name Supporting Organization shall be composed of representatives from name registries and registrars of top-level domains ("TLDs"), businesses and any other entities that are users of the Internet and others with legitimate interests in these issues, as determined by the Domain Name Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Domain Name Supporting Organization shall create a Names Council to make recommendations regarding TLDs, including operation, assignment and management of the domain name system and other related subjects; and (iii) The Protocol Supporting Organization shall be composed of representatives from Internet protocol organizations and others with legitimate interests in these issues, as determined by the Protocol Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Protocol Supporting Organization shall create a Protocol Council to make recommendations regarding the operation, assignment and management of protocol parameters, such as port numbers, enterprise numbers, other technical parameters and related subjects. | Boston Working Group ARTICLE VI: SUPPORTING ORGANIZATIONS Section 3. DESCRIPTION AND QUALIFICATIONS (a) There shall at least be the following Supporting Organizations: Changed: (i) The Address Supporting Organization shall be composed of representatives from regional Internet address registries and any entities and individuals with legitimate interests in these issues, as determined by the Address Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Address Supporting Organization shall create an Address Council to make recommendations to the Board regarding the operation, assignment and management of Internet addresses and other related subjects; Changed: (ii) The Domain Name Supporting Organization shall be composed of representatives from name registries and registrars of top-level domains ("TLDs"), businesses and any entities and individuals that are users of the Internet and any other entities and individuals with legitimate interests in these issues, as determined by the Domain Name Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Domain Name Supporting Organization shall create a Names Council to make recommendations regarding TLDs, including operation, assignment and management of the domain name system and other related subjects; and Changed: (iii) The Protocol Supporting Organization shall be composed of representatives from Internet protocol organizations and any entities and individuals with legitimate interests in these issues, as determined by the Protocol Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Protocol Supporting Organization shall create a Protocol Council to make recommendations regarding the operation, assignment and management of protocol parameters, such as port numbers, enterprise numbers, other technical parameters and related subjects |
| 9.2.1. Names | |||
| White Paper No points found. | "Consensus" There will be a Names Council. The Names Council's powers will be limited consistent with Board powers. The Names Council will have the non-exclusive power to nominate Board members. The Names Council will propose best practices for registrars. The names council will exercise all of its functions with respect to specific registries, consonant with the business practices and law of the countries of the registries. Names Council Alternative Wordings: The Names Council will handle trademark/domain name interactions; set minimum standards for the contact data required for domain name registrations; consider standards of privacy in relation to registration data; consider issues relating to the protection of the new entity from liability based on Newco recommendations/decisions; make policy recommendations. All gTLDs to be operated by shared not-for-profit registries on a cost recovery basis. Restoration of the InterNIC registries to a not-for-profit operation on the basis of the announced agreement between the US Government and NSI. Early consideration by the new entity of the creation of new gTLDs. The Names Council will recommend new gTLDs and gTLD policies; will make points of advice and recommendations to the Board for all TLD matters; will provide a forum for discussion among gTLD and ccTLD registries and registrars, and a forum for dispute resolution between and among them; will recommend general and specific conditions for operation and management of TLDs, existing or new. All sectors and individuals with legitimate interests in the Internet must be represented therein. The amount of members must be such as to enable it to operate well. No country must have an advantage over another in the resolution of conflicts between domain names within a given gTLD. The council will be empowered to establish policies and general procedures to be fulfilled by the TLDs (gTLDs and ccTLDs). In case of conflicts over the administration rights of a ccTLD, the Names Council will propose resolution mechanisms. The specific norms of administration of each ccTLD will be determined in each jurisdiction following upon consensus of users and stakeholders in the Internet. The Names Council will establish criteria to define the concept of jurisdiction. | IANA Draft Bylaws v5 ARTICLE VI: SUPPORTING ORGANIZATIONS Section 3. DESCRIPTION AND QUALIFICATIONS (ii) The Domain Name Supporting Organization shall be composed of representatives from name registries and registrars of top-level domains ("TLDs"), businesses and any other entities that are users of the Internet and others with legitimate interests in these issues, as determined by the Domain Name Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Domain Name Supporting Organization shall create a Names Council to make recommendations regarding TLDs, including operation, assignment and management of the domain name system and other related subjects; and | Boston Working Group Same provision as IANAv4 draft. |
| 9.2.2. Protocol | |||
| White Paper No points found. | "Consensus" IETF should be the supporting organization that appoints the Protocol Council. It is expected that the IETF would be likely to appoint the IAB as the Protocol Council. | IANA Draft Bylaws v5 ARTICLE VI: SUPPORTING ORGANIZATIONS Section 3. DESCRIPTION AND QUALIFICATIONS (iii) The Protocol Supporting Organization shall be composed of representatives from Internet protocol organizations and others with legitimate interests in these issues, as determined by the Protocol Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Protocol Supporting Organization shall create a Protocol Council to make recommendations regarding the operation, assignment and management of protocol parameters, such as port numbers, enterprise numbers, other technical parameters and related subjects. | Boston Working Group Same provision as IANAv4 draft. |
| 9.2.3. Address | |||
| White Paper No points found. | "Consensus" The regional address registries will be on the Address Council. There was consensus that there should be a process by which the Board can extend the Address Council to include bodies other than RIRs. New regional registries should be represented on the Address Council. The Board of the IANA will have the right to exclude members of the Address Council if they don't meet IANA's openness requirements. The Numbers Council will be exclusively made up by all the RIRs, current and future, and these must ensure the participation of the various Internet stakeholders within each of them. It was expressly mentioned that mechanisms were absent allowing for the participation of the region stakeholders in ARIN. | IANA Draft Bylaws v5 ARTICLE VI: SUPPORTING ORGANIZATIONS Section 3. DESCRIPTION AND QUALIFICATIONS (i) The Address Supporting Organization shall be composed of representatives from regional Internet address registries and others with legitimate interests in these issues, as determined by the Address Supporting Organization consistent with Section 2 of this Article and approved by the Board. The Address Supporting Organization shall create an Address Council to make recommendations to the Board regarding the operation, assignment and management of Internet addresses and other related subjects; | Boston Working Group Same provision as IANAv4 draft. |
| 9.3. Additional | |||
| White Paper The new corporation's charter should provide a mechanism whereby its governing body will evolve to reflect changes in the constituency of Internet stakeholders. The new corporation could, for example, establish an open process for the presentation of petitions to expand board representation. | "Consensus" No points found. | IANA Draft Bylaws v5 ARTICLE VI: SUPPORTING ORGANIZATIONS Section 3. DESCRIPTION AND QUALIFICATIONS (b) The Board shall review an application for recognition as one of the Supporting Organizations referred to in Section 3(a) of this Article VI, and, after requesting and considering comments from parties interested in matters within the scope of the proposed Supporting Organization, shall approve such application if the Board finds that it has been organized in accordance with these Bylaws, that it will fairly and adequately reflect the full range of views of all interested parties, and that its recognition would be in the best interest, and serve the purposes, of the Corporation. The application shall include, but not be limited to, a description of the following in form and substance acceptable to the Board (and a commitment to implement the matters described in the application): (i) membership or participation criteria, (ii) methods for developing substantive Internet policies to be recommended to the Board and selecting Board nominees, (iii) open, transparent, fair and non-discriminatory processes (including procedures for public attendance at appropriate meetings of the Supporting Organization and for the participation of interested persons who may not be members of the Supporting Organization in advisory committees of the Supporting Organization), (iv) policies to ensure international and diverse participation, (v) policies for disclosure to the Corporation by members of or participants in a Supporting Organization council of conflicts of interest or other financial interests in matters within the scope of the Supporting Organization (such conflicts or interests, however, not necessarily requiring abstention from action), and (vi) methods for funding the Supporting Organization and providing funding for the Corporation (consistent with Article IV, Section 2 of these Bylaws). If more than one application to be a particular Supporting Organization is received by the Board, it shall encourage, to the extent possible and reasonable, such competing applicants to resolve any differences, and shall not approve any application that does not meet the criteria set forth in this Section 3. | Boston Working Group Same provision as IANAv4 draft. |
| 9.4. Procedure | |||
| White Paper No points found. | "Consensus" The Board of Directors always has the final decision. The initiative for proposing organizational activities can come both from the Board of Directors and from the specific Councils. | IANA Draft Bylaws v5 No points found. | Boston Working Group No points found. |