[council] Terms of reference used for the GNSO review

[Bruce Tonkin]

Hello All,

Below are the terms of reference for the GNSO review derived from:
http://www.icann.org/gnso/review-reference-terms-27oct05.htm

GNSO Review Terms of Reference

4.1. There are two key elements to the GNSO Review. The first is a
review of the GNSO as a whole to determine whether that organization has
a continuing purpose in the ICANN structure. The second is a review of
each of the Constituencies which constitute the GNSO to determine
whether those Constituencies represent the interests of global
stakeholders in an open and transparent manner.

4.2. The focus areas, outlined below, seek to examine and quantify the
extent to which the GNSO as a whole and the Constituencies, as
individual entities, reflect global stakeholder interests; whether the
operation of each Constituency is open and transparent and whether the
procedures used within the Constituencies to develop bottom up policy
are designed to achieve fairness.

4.3. The focus areas can be grouped as follows. The questions outlined
here are not, in any way, designed to limit the analysis of substantive
issues which arise throughout the course of the Review. 


4.3.1 Representativeness: 

Analysis in this part of the Review could include the questions outlined
below:

whether the Constituencies, on a global basis, represent the
stakeholders they claim to represent and whether sufficiently diverse
groups are consulted to develop consensus-based policy 

whether the Constituencies operate in an open and transparent manner;
whether Constituencies are open to individuals or corporations who wish
to participate; whether the membership procedures are open and
transparent and whether the current Constituencies best reflect global
representation of a diversity of stakeholder positions 

whether additional Constituencies would capture new contributions and
input from other stakeholders in the policy development process 

whether there are any barriers to the participation of all who are
willing to contribute to the work of the GNSO, for example, technical,
financial or geographic limitations 

whether the ICANN Board is satisfied with the advice it receives from
the Constituencies to ensure that advice reflects consideration of all
stakeholder interests and the widest possible consultation with affected
parties including other ICANN supporting organisations and advisory
committees 

whether there is sufficient time and opportunity for advice and
information from the GNSO Constituencies and whether amending timeframes
would increase the quality of the work output 
whether other supporting organisations and advisory committees such as
the At Large Advisory Committee and the Government Advisory Committee
have effective opportunities to participate in the policy development
process 

whether the GNSO Council manages the policy development process in a
timely and efficient manner looking at the types and kinds of issues
under consideration and the resources devoted to that consideration 

whether the Council effectively manages open forums, mailing lists and
public comment opportunities that enable global participation by any
affected stakeholders 

whether the individual Constituencies, in contributing to the
development of consensus based policies, conduct their operations to the
maximum extent possible, to enable broad participation including
outreach activities 

whether GNSO Council weighted voting patterns are still appropriate in
the GNSO's policy development processes 

whether the GNSO Council has successfully implemented the
recommendations of the 2004 GNSO Council Review 

whether the existing constituency structure could be rationalized,
changed or improved in any way to increase participation in the policy
development processes within the GNSO 

whether the GNSO Council Bylaws need amending in any way to reflect
improved processes for increasing participation, seeking other
stakeholder views and deriving consensus based policies that reflect
ICANN's public interest principles 


4.3.2 Effectiveness. Analysis in this part of the Review could include
the questions outlined below:

examination of the time and resources (including staff, financial and
outside assistance) used by both Council and the Constituencies to
develop policy positions and whether the purpose of GNSO policy
development processes is clearly articulated 

examination of the benefit to all affected parties of the use of ICANN
time and resources in developing policy positions and particularly
whether Constituency expectations are being met 

examination of ICANN's Strategic Plan process and how that relates to
the development of GNSO policy development processes; examination of the
GNSO Strategic Plan process and opportunities for the policy development
process to reflect rapid market changes 

whether the PDP process needs to be amended to reflect new participants,
different kinds of issues, more realistic timeframes for workflow and
interaction with other ICANN entities and different ways of
communicating policy positions, taking into consideration the GNSO
Council Review recommendations 

whether the ICANN Board is satisfied with the policy recommendations it
receives from the GNSO and if that advice could be improved in any way 

analysis of whether the work output from the GNSO Council and
Constituencies reflects the expertise and market knowledge of
constituency members to ensure best practice policy development 

whether the GNSO Council recommendations have been implemented
successfully and whether further work needs to be done to ensure
implementation 


4.3.3 Transparency. Analysis in this part of the Review could include
the questions outlined below:

whether decisions are made by applying documented policies neutrally and
objectively; whether those entities which are affected by decisions have
adequate mechanisms for participation through the Constituencies 

whether policy decisions are made in a way which demonstrates that
participants are accountable to the Internet community and whether
statements of interest are explicitly made on each issue under
consideration 

whether the GNSO's website and the Constituencies' websites operate
effectively as tools for transmitting a wide variety of procedural and
substantive information on the policy development process 
whether new technologies and systems could be used to augment the work
of the Constituencies and GNSO Council 

analysis of the recording, publishing and notification of significant
input and decisions contributing to the policy development process of
the GNSO Council, GNSO taskforces, workgroups and Constituencies 
analysis of ICANN face to face meetings and their contribution to the
work of the GNSO, its taskforces, workgroups and Constituencies in
facilitating their contribution to the development of policy advice 


4.3.4 Compliance. Analysis in this part of the Review could include the
questions outlined below:

whether the GNSO Council and the GNSO Constituencies comply with the
ICANN Bylaws and with their own rules and procedures 

whether there is effective alignment of the GNSO structure and policy
development process that delivers practical policies which can be
effectively implemented 

whether there are sound linkages between the GNSO's policy development
processes and ICANN's policy compliance programme 

whether there is effective cooperation between the policy development
and operational aspects of the ICANN organisation to implement consensus
based policy