[ispcp] Charter

[Novoa, Osvaldo]

Hello all,
I was going to present my comments to the draft some time ago, but got distracted with my day to day work and couldn't make the time.
On a general idea I think that our charter should be very specific so that it is very clear who can be a member and who cannot (which is not detailed in the draft).  To be part of the ISPCP cannot be just a decision of the candidate but it must fulfill the specific requirements of the charter.  The proposed requirements are very clear and specific so I agree with them.
To see if we should consider any other requirements for our charter I checked the Business Constituency Charter and found some interesting considerations:

5.1.2    Ineligible Organizations. The purpose of the Business Constituency is to represent the interests of Business Users as described in §5.1.1. To avoid conflicts of interest, the following is a non-exhaustive list of entities which are not eligible to be a Member:
a.    Not-for-profit entities excepting trade associations or coalitions representing for-profit entities;
b.    Entities which derive more than 30 percent of annual revenue as a registry operator, registrar, or domain name reseller (collectively, "Contracted Parties");
c.    Political organizations whose primary purpose is to elect government officials;
d.    Individuals or entities that represent governments in any way or in any capacity at ICANN;
e.    Other groups not chartered to support Business Users as described in §5.1.1.
An entity which does not fall within the non-exhaustive criteria set forth above may nonetheless be ineligible to be a Member based upon a review and determination by the Credentials Committee in accordance with the provisions contained in §5.6.
5.1.3    Non-Voting Members: Any otherwise eligible Member according to §5.1.1 that votes in another Stakeholder Group or Constituency in either house of the GNSO, or is owned, controlled by, or under common ownership with any entity that votes in the Business Constituency or another Stakeholder Group or Constituency is ineligible for Voting status within the Business Constituency; however, such Member may be accorded Non-Voting status subject to the following:
a.    A representative of a Non-Voting Member may not hold an elected position, including Officer or GNSO Council Representative, within the Business Constituency; and
b.    With the exception of restrictions specified in §5.1.3, all other rights and privileges of membership apply to Non-Voting Members.
5.1.4    Representation. Whether Voting or Non-Voting, Members must agree to represent the interests of Business Users for all business and matters addressed inside the Business Constituency.

I think we should consider if our Charter should include something in this line, I am worried in particular to the possibility of the same company participating in several Constituencies and obtaining some form of control over ICANN by their multiple votes.   This is more possible if we are considering a Association of Companies directing the votes of its associates.  If we don't insure the independence of the different constituencies we'll lose the multistakeholder model.
Best regards,
Osvaldo

Ing. Osvaldo Novoa
Sub Gerente General
RIIC
Antel
Guatemala 1075, Nivel 22
Montevideo, Uruguay
www.antel.com.uy

Tel.: +598 2928 6400
Fax: +598 2928 6411




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