Re: [ALSC-Forum] ALSC Final Report

[Jeff Williams]

Denise and all stakeholders or interested parties,

  Thank you Denise.  Better late than never I suppose.  Our members,
stakeholders all, shall be reviewing this rapidly and a poll will be
taken to gather support of non-support.  The results will than be
filed with the FEC and sent to the DOC/NTIA.

Denise Michel wrote:

> The ALSC's "Final Report on ICANN At-Large Membership" has been submitted to
> the Board and is being posted at www.atlargestudy.org (our webmaster is
> working on the report and it will be posted today; the transmittal letter
> and executive summary are included below).  The Board has scheduled a public
> forum to discuss the report on Monday, November 12 from 18:00 to 20:00 (see
> http://www.icann.com/mdr2001/#schedule for further details).
>
> Denise Michel
> Executive Director
> At Large Study Committee
> dmichel@atlargestudy.org
>
> [Excerpt from ALSC's "Final Report on ICANN At-Large Membership"]
>
> Letter to the ICANN Board,
>
> In August, the At Large Study Committee presented for discussion its draft
> final report on the question of including an At-Large Membership in ICANN's
> governance structure. Now, in accordance with the schedule established early
> this year, and after further discussions and comments on our draft report,
> we submit our final report.
>
> Established only three years ago, the Internet Corporation for Assigned
> Names and Numbers (ICANN) has been entrusted with the important tasks of
> promoting the Internet's stability and dynamism as it rapidly evolves as the
> world's most important infrastructure.
>
> Its governance structure, however, has remained uncertain in important
> aspects. There has been constant controversy surrounding the question of the
> composition of the ICANN Board, and primarily the question of whether there
> should be representatives of the Internet At-Large community. This
> controversy has the potential of impairing ICANN's ability to concentrate on
> the critical tasks it has been entrusted with.
>
> We remain firmly convinced that the basic concept behind ICANN is a good
> one, and we conclude that it has become firmly rooted in the wider community
> of the Internet's stakeholders. We are, however, of the opinion that it is
> an urgent task for the stability of the organisation to ensure that a
> mechanism for the At-Large community to express its views be agreed to and
> implemented.
>
> The ALSC has spent the past eight months exploring numerous alternatives,
> listening to different opinions and trying to stimulate a debate on these
> important issues within the wider Internet community. We have sought to
> facilitate different independent studies, and posted discussion papers and
> options in order to encourage dialogue. Following the publication of the
> draft report, the ALSC, collectively and as individual members, has engaged
> in wide-ranging debates on these issues, and has benefited from the comments
> received.
>
> Despite extensive efforts, however, the ALSC has found it difficult to
> generate a very high degree of interest in these issues. We have concluded
> that the main interest of the wider Internet community is in the stability
> and reliability of the Internet itself, and that a structure for At-Large
> participation and representation that is seen as creating the best
> possibilities for this would meet with the community's tacit approval.
>
> Although outside our mandate, the ALSC has discussed whether the tasks now
> assigned to ICANN could be handled better or equally well by an
> intergovernmental organization, thus potentially securing the legitimacy of
> the process, ensuring a degree of public participation through regular
> governmental mechanisms, as well as assuring the stability of the policy and
> decision-making system.
>
> We have found, however, that such an approach has several serious drawbacks.
> ICANN represents an effort at global self-regulation that, if successful,
> has great merit in a number of different ways. Engaging developers of
> Internet standards and providers of the domain name and address system, as
> well as seeking to create a voice for Internet users, results in a system
> that contributes both to the stability of the Internet and to its constant
> evolution. We do not believe that an intergovernmental system would be able
> to do this in the same way.
>
> The developers and providers, now grouped in three Supporting Organizations,
> have a critical role in the overall system. We have discussed whether ICANN
> could be entrusted solely to them, thus eliminating the very profound
> challenges associated with an At-Large membership. However, the concerns of
> users are equally important to the success of ICANN's mission, thus
> requiring that an effective mechanism for their participation and
> representation in ICANN processes be found.
>
> Based on our view of ICANN as a balance among developers, providers and
> users, we recommend that the At-Large membership select a third of ICANN's
> Board. In the dialogue over the months since the publication of our draft
> report, we have found that this proposal has wide, although not unanimous,
> support. There are voices calling for, at the least, half of the members of
> the ICANN Board being elected by an At-Large membership.  We do see distinct
> drawbacks with this, and we must also note that this proposal is very
> unlikely to get sufficient support within the wider ICANN community.
>
> We have noted the concerns expressed that a system whereby a third of the
> seats on the ICANN Board is selected by an At-Large membership would open up
> the possibility for the remaining two thirds of the ICANN Board to change
> the bylaws regarding At-Large representation, including, as an extreme case,
> the abolition of At Large membership. Although the likelihood of sharp
> divisions of this sort is unprecedented, we do believe it is important to
> ensure that changes in the governance structure of ICANN, after an At-Large
> structure is established, would require a supermajority of the Board's
> members.
>
> We have spent a considerable amount of time looking at different
> alternatives for selecting the proposed At-Large members of the ICANN Board.
> We are dealing with a unique organization, with unique functions and a truly
> unique structure. There are no models to follow.
>
> In spite of our efforts, we have failed to find any system for the selection
> of At-Large Directors that is completely failsafe from every possible point
> of view.
> Using e-mail addresses as the basis for voting rights, as tested last year,
> has significant drawbacks, and is obviously open to national capture.
>
> More importantly, we have not found any way of conducting a pure online
> election involving e-mail address holders with even moderate confidence that
> capture or fraud has been prevented, thus creating the need for a
> combination of online and mail processes which not only is complicated, but
> which also risks totally undermining the finances of ICANN. In spite of
> being superficially attractive, closer scrutiny makes clear that this is not
> a viable option.
>
> We have thus decided to recommend a system with voting rights based on
> domain names, and we have proposed the creation of a system in which those
> domain name holders wishing to be part of the process also become part of
> the process of setting up an At-Large Supporting Organization (ALSO).
>
> In the discussions of the past few months, we have found wide support for
> the proposal to set up an ALSO. It is widely felt that an ALSO would greatly
> facilitate the articulation of wider issues in the ICANN process and promote
> sustained involvement, thus also strengthening the role of the At-Large
> members between the elections.
>
> There have been concerns expressed that an election system based on
> individual domain name holders will use too narrow of an electorate.
> Although we are talking about a possible electorate numbering tens of
> million of persons around the world, we do feel that one should continue to
> seek ways in which the possibility of becoming part of the ALSO and the
> elections are widened. Our committee has discussed several such options, and
> we hope more will emerge.
>
> As we present our recommendations, the attention has shifted to all the
> issues connected with the stability and security of the Internet in the wake
> of the Sept 11 attacks, and the global need to confront the evil of
> international terrorism. We do believe, however, that this very clearly
> reinforces the case for a speedy resolution of the issues surrounding the
> governance of ICANN, and specifically the hitherto controversial issues we
> have been asked to study.
>
> No one wants an ICANN in continuous turmoil, thrown between one uncertain
> experiment after the other. Now is the time for stability and coherence,
> allowing ICANN to address the vital technical and related issues, often of
> profound public importance, that it has been entrusted with.
>
> Therefore, we urge that several significant steps be taken by the Board at
> its annual meeting in Marina del Rey that will enable timely progress on
> initial steps to implement our At-Large recommendations, while providing
> time for additional Board and public consideration of the report.
> Specifically, the ALSC recommends that on November 15, 2001, the ICANN Board
> adopt the following recommendations concerning At-Large participation and
> representation:
>
> (1) The Board affirms that individual Internet users have a significant
> stake in ICANN's activities and should have the opportunity of fully
> participating in ICANN.
>
> (2) While the ALSC's final report remains open for comment and
> consideration, the Board acknowledges that the following basic principles
> should guide expedited action on At-Large:
>
> (a) Create an At-Large Supporting Organization (ALSO) as a regionally-based
> framework for informed participation of any interested individual and for
> At-Large involvement in ICANN policy and decision-making (including
> mechanisms to foster discussion among individuals and with ICANN's
> decision-making bodies);
>
> (b) Focus At-Large membership on an identifiable and vested community (an
> ALSO electorate) to provide a practical mechanism for voter registration and
> self-funding (e.g. The ALSC recommends that membership be based on
> individual domain name holders and efforts continue to be made to identify
> an additional  membership option with a reasonable level of verification.
> This recommendation is under consideration by the Board, but need not delay
> initial At-Large organizing efforts.);
>
> (c) Provide a proportionate role for At-Large members in selecting ICANN's
> Board (along with other ICANN constituencies) (e.g. The ALSC recommends 6
> At-Large Directors in a 19 member Board. This recommendation is under
> consideration by the Board, but need not delay initial At-Large organizing
> efforts.);
>
> (3) The Board requests that the ICANN CEO solicit expressions of interest to
> determine the degree of interest in creating local and regional ALSO
> entities that would support informed participation of interested individuals
> and At-Large involvement in ICANN, and report the results to the Board at
> the March 2002 ICANN meeting.
>
> (4) The Board authorizes the extension of the ALSC until March 31, 2002 to
> work with the Supporting Organizations, other interested parties, and ICANN
> staff on proposing detailed plans for an At-Large membership, voter
> registration, and a regionally based, self-supporting ALSO.
>
> We believe that this is necessary in order to meet the objective of having a
> complete ICANN Board in place towards the end of the next year. We do
> understand that there will be further issues that must be discussed, and the
> ALSC has offered to remain operative until final decisions are taken at the
> ICANN Board meeting planned for March of next year.  We look forward to
> assisting you.
>
> Sincerely,
> The At-Large Membership Study Committee:  Carl Bildt (Chair), Chuck Costello
> (Vice Chair), Pierre Dandjinou, Esther Dyson, Olivier Iteanu, Ching-Yi Liu,
> Thomas Niles, Oscar Robles, and Pindar Wong (Vice Chair).
>
> -------------------------------
>
> Executive Summary
>
> The At-Large Membership Study Committee (ALSC) is pleased to present this
> report and accompanying recommendations to the ICANN Board in fulfillment of
> the provisions of its charter. We are unanimous in our belief that the
> report meets the request of the Board that the Committee find "an effective
> means by which the diverse global Internet communities and stakeholders may
> participate in ICANN's policy development, deliberations, and actions."
>
> As a result of the Committee's extensive outreach to the community over the
> past eight months, in meetings and online, and the consideration of over
> 1163 forum comments, input from 16 outreach events worldwide, and a
> substantial number of studies and research papers, we have identified five
> basic principles which we believe have broad support:
>
> · Individual Internet users have a significant stake in ICANN's activities
> and should have the opportunity to fully participate in ICANN;
> · Representation should accompany participation for informed, sustained
> involvement of interested individuals, and for At-Large involvement in ICANN
> policy and decision-making;
> · The At-Large electorate should comprise an identifiable and vested
> community of individual Internet users;
> · At-Large members should have a role in selecting members of ICANN's Board
> (along with other ICANN constituencies);
> · It is time to move At-Large participation beyond the discussion phase and
> determine the degree of real interest among individual Internet users and
> relevant groups in creating an organization for their sustained involvement
> in ICANN.
>
> Building on these principles, the ALSC offers ICANN's Board the following
> recommendations that we believe are practical, executable, effective, and
> most likely to gain consensus support:
>
> · Create an "ALSO Organizing Committee" to work with ICANN and others to
> help establish a new, (financially) self-supporting At-Large Supporting
> Organization (ALSO), and help carry out the recommendations contained in
> this report, with priority attention focused on an At-Large election.
> · Create an ALSO to foster At-Large participation and representation.  An
> ALSO will have "participants" comprised of anyone interested in
> participating in open discussion forums, and "members" comprised of a
> verifiable, vested community of users to elect ALSO leadership and At-Large
> Directors every three years.  An ALSO will promote informed participation of
> any interested individual in ICANN (including mechanisms to foster
> discussion among individuals and with ICANN's decision-making bodies), and
> foster At-Large involvement in ICANN policy and decision-making with
> specific responsibility for providing an "individual user" perspective on
> relevant issues within ICANN's mission.
> · Initially define "At-Large members"(which will comprise the ALSO
> electorate) as an "individual domain name holders."
> · Direct the ALSO Organizing Committee to solicit input on, and report to
> the Board about, any additional mechanisms that would enable individual
> Internet users with an interest in ICANN's mission to opt-in to At-Large
> membership with a reasonable level of verification (without the requirement
> to hold a domain name).
> · Conduct a geographically-based ALSO member election, initially guided by
> the ALSO Organizing Committee, to simultaneously provide members for six
> directly-elected Regional At-Large Councils and one (international) At-Large
> Council, and six directly-elected At-Large Directors to serve on ICANN's
> Board, to be seated, if possible, by year-end 2002.  The ALSC views its
> suggested division of the existing Asia-Pacific region as straightforward,
> but if there are contrary expectations and the creation of a new region
> threatens to significantly delay At-Large implementation, the ALSC
> recommends the election of two At-Large Directors from two different
> countries in the existing Asia/Pacific region.
> · Build a self-sustaining, transparent ALSO that would serve as a local and
> regional-based framework for collecting and defining views, engaging
> members, enabling consensus decision-making, and working closely with other
> Supporting Organizations on policy development. Ultimately the ALSO will be
> managed by the At-Large Councils.
> · After adopting plans for At-Large representation and participation, modify
> ICANN' bylaws to require a supermajority to make future substantive changes
> in ICANN's governance structure.
>
> In our judgment, these recommendations, discussed in detail in this report,
> are a reasonable compromise between those who support retaining nine
> At-Large Board seats and e-mail-based, ICANN-funded global direct elections,
> and those who advocate no direct global elections and fewer, if any,
> At-Large Board seats.  Rather, we have presented an approach that we believe
> has the potential for a consensus.  We would urge those who are interested
> in the fate of At-Large and in actually establishing an engaged, sustainable
> At-Large membership to move beyond re-stating their positions and work with
> all interested parties to find a reasonable, workable compromise based on
> this approach.  We are eager to work with all parties over the next few
> months to refine implementation details and garner practical support in
> carrying out these recommendations.
>
> Background
>
> The ALSC has spent the last eight months studying At-Large issues and
> seeking input from all interested parties, and is committed to helping the
> Board achieve a broad consensus on effective means by which individual
> Internet users may participate in ICANN's policy formulation and
> decision-making. We have worked without preconceptions about the outcome and
> have carefully considered the full spectrum of potential At-Large
> participatory and representational mechanisms - from zero to 100 percent of
> the Board seats selected by an At-Large membership - and from an
> inter-governmental model representing individuals to directly involving all
> of the world's e-mail-address holders.
>
> We found there to be great value in ICANN's existing bottom-up approach and
> in the involvement of At-Large members to strengthen the focus on Internet
> users' interests.  However, we do not accept the notion that interests of
> the public, or individual users are somehow exclusively or even best
> protected by selecting half of the Board's Directors.  The "White Paper,"
> issued by the U.S. Department of Commerce authorizing creation of ICANN, set
> forth general principles for representation of all stakeholders and
> recognized that ICANN's evolution would require change (as did follow-on
> documents).  We believe actions of the three existing Supporting
> Organizations and the Directors they selected have demonstrated that they
> also serve the public (or user) interest by contributing to the stable
> operation of the Internet.  However, recognizing that the perspectives of
> At-Large Directors are important to the governance of ICANN, we also believe
> that their support should be required to make future substantive changes in
> ICANN's At-Large governance structure after plans for At-Large
> representation and participation are enacted.
>
> Defining the Electorate
>
> We also do not believe that the public (or user) interest can be reliably
> represented through a system based on e-mail addresses to identify
> individuals; such an approach is administratively and financially unworkable
> on a global scale for a sizeable electorate, and fraught with potential
> dangers ranging from capture to outright fraud.  Furthermore, experience has
> already shown that it is costly and difficult to manage and does not
> effectively handle many people in regions that use non-Latin script or have
> inefficient postal systems.  This is a real-world reality that the current
> ICANN must deal with.
>
> Instead, to create an ALSO electorate, we found the requirement that members
> hold or acquire a domain name and pay a fee to be a useful way of initially
> identifying individuals, reaching them in a decentralized way through
> registrars (further tying the ICANN community together), and ensuring their
> direct interest in the Internet infrastructure that is ICANN's central
> concern. To be sure, this requirement and the accompanying registration
> process are not a foolproof mechanism for verifying identity and preventing
> fraud.  However, we believe that domain name holders' tangible vested
> interest in the domain name system, their completion of financial
> transactions with registrars for domain names (in most cases), verification
> of their domain name registration, and payment for At-Large membership,
> provide a higher (and reasonable) threshold of verification than that
> afforded by unrestricted e-mail voting.
>
> How Many At-Large Directors
>
> Rather than dividing the Board between Directors who "serve the public
> interest" versus "functional" Directors, we believe the approach with the
> best chance for broad support is addressing Internet users' interests by:
> · Organizing ICANN's Board along stakeholder interest or functional lines,
> such as developers, providers and users; (We do not expect that Directors
> will always align in these blocs.  On occasion, regional differences may
> matter; on other occasions, technical versus economic considerations may
> matter, etc.);
> · Providing all interested individuals with the opportunity to participate
> in ICANN and for At-Large members to select one-third of the Board; and
> · Initially defining At-Large members -- the ALSO electorate -- as
> "individual domain name holders" -- since they have a strong and tangible
> vested interest in ICANN activities, not just the Internet in general, and
> an overwhelming majority of domain name holders are individuals or
> enterprises with less than ten employees).  (We propose the At-Large user
> "community" include institutions, but only individuals may vote.
> Institutions already play a greater role in the existing Supporting
> Organizations, so this seems an appropriate balance.)
>
> Obviously, this is only one of many possible approaches; we endeavored to
> find one that could win broad support.
>
> We recommend that the ALSO framework and elections be based on six
> geographic regions -- Africa, Asia/Pacific, Europe, Latin America/Caribbean,
> North America and Central/West/South Asia (CWSA).  Dividing ICANN's existing
> Asia/Pacific region in two reflects the distribution of population and
> Internet usage for the world's fastest growing region, and we view this as a
> practical, clear-cut action. We recognize, however, that the creation of
> ICANN's existing five regions involved lengthy consideration and
> inter-governmental discussions and that there may be issues involved in
> having SOs with different geographic regions.  Therefore, if creation of a
> new region threatens to significantly delay At-Large implementation, the
> ALSC recommends the ALSO and its election processes initially be based on
> ICANN's existing five regions, and that two At-Large Directors be selected
> from two different countries in the existing Asia/Pacific region.
>
> We recommend that Directors be elected for three-year terms and that the
> At-Large be re-evaluated after two election cycles.  This would provide
> At-Large with time to develop and give ICANN more stability and an
> opportunity to implement any necessary changes to At-Large participation and
> representation mechanisms based on six years of experience.  Clearly, timely
> outreach, development and management efforts will be necessary to implement
> our recommendations.
>
> ALSO
>
> To assist with the At-Large elections (as a top priority), and to work on
> the implementation details and help launch the ALSO and its membership base,
> we recommend that ICANN create an ALSO Organizing Committee with an
> Elections Subcommittee.  They would develop proposed guidelines, procedures
> and a budget for the At-Large election, building on the ALSC's detailed
> suggestions, and help guide the At-Large elections. As noted above, the
> Committee also would look for other mechanisms to register and authenticate
> voters.  The Committee would propose (and assist with implementation of)
> bylaws, a charter, and organizational and outreach plans and budgets, and
> would develop guidelines to foster an ALSO that can develop and present
> policy advice to the Board (in close consultation with other Supporting
> Organizations) on issues that affect Internet users' interests and that are
> within ICANN's specific technical and administrative mission.
>
> It is important to note that careful attention to ICANN's constrained
> mission should render it less attractive as a vehicle to "capture" and make
> sure that the public does not expect ICANN to remedy problems or solve
> disputes not within its narrow competence.
>
> The Committee also would develop guidelines for the creation of a local,
> regional and national ALSO framework, including making recommendations on
> the use of existing organizations to help create the ALSO.
>
> We think a consensus can form that an ALSO's organized participation
> mechanisms and election processes will fulfill the mission of involving
> individuals and representing their interests in ICANN's policy development
> and decision-making structure and processes.  Individual domain name
> holders, as users, have a significant stake in ICANN's activities and should
> have the opportunity of fully participating in ICANN and helping to select
> its Board.  The creation of elected, geographically diverse At-Large
> Councils with the responsibility to help build a framework for At-Large
> participation and attention to users' voices is essential.  The ALSO also
> should strengthen the link to people who have demonstrated a commitment to
> ICANN's mission and support informed participation in ICANN's technical
> coordination of the Internet's domain name and address system.
>
> In proposing these recommendations on the role of an At-Large community, our
> intention is to help create a policy and decision-making structure and
> process within ICANN that fosters understanding and accommodation among
> various interests, including individual Internet users.  We believe we are
> recommending such a structure, one that has potential for consensus support
> and will help ensure that ICANN's policies truly reflect the needs,
> interests and rights of all its stakeholders - including those who may not
> agree with some resulting policies but who will ideally feel that at least
> their positions were understood and fairly considered.  Finally, we do
> believe that attention to the interests of all stakeholders is likely to
> produce transparent policies that will indeed sustain the stability of the
> domain name system and attract broader public support over time.
>
> Balanced, Reasonable Approach
>
> We have concluded that no system exists for incorporating an "At-Large"
> membership that would fully satisfy all interests, because this is a world
> of limited resources in which compromises must be made and priorities set in
> all spheres of activity.  We also recognize that our recommended approach is
> not foolproof (e.g. vulnerability to capture of a geographic region would
> still exist.)  We recommend that ICANN remain open to new ideas from those
> interested in creating a self-supporting At-Large electorate base that would
> enable the inclusion of individuals who do not own domain names yet are
> actively interested in ICANN's mission.
>
> We believe that this is the most balanced, reasonable approach currently
> available, and that we are outlining a system that is generally fair and
> that involves those individuals who have an active interest in ICANN's
> activities, or allows them easily to join by registering a domain name and
> paying the membership fee.  It offers a framework for all interested
> individuals' structured participation, focuses At-Large membership
> (electorate) on an identifiable and vested community, provides a reasonable
> mechanism for registration and self-funding, and grants At-Large members a
> proportionate responsibility for selecting ICANN's Board (along with the
> DNSO, ASO, and PSO).
>
> Our recommendations are submitted to the Board for ICANN's consideration.
> We look forward to working with the Board, Supporting Organizations, other
> interested parties, and ICANN staff to answer questions and propose detailed
> suggestions for an At-Large membership, voter registration, and a regionally
> based, self-supporting ALSO.  Although events may have delayed progress, we
> remain committed to helping ICANN reach final resolution and implementation
> on At-Large membership.
>
> ALSC Final Report on ICANN At-Large Membership available at
> www.atlargestudy.org

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208