[registrars] Terms of Reference for GNSO review

[Bruce Tonkin]

Hello All,

The ICANN bylaws require all ICANN's supporting organisations to be
reviewed every 3 years.  The GNSO Council was reviewed last year, and
now the supporting organisation as a whole is being reviewed (which
incudes the practices of each of the constituencies of the GNSO).

The review will be conducted early next year, but the terms of reference
are being drafted now.

Please review the attached document produced by Dr Liz Williams based on
discussions with members of the ICANN community and let me know if you
have any comments/suggestions.  The document will be discussed on a GNSO
Council teleconference later this week.

Below is a summary of a scope proposed by Liz based on discussions with
members of the ICANN community.

Regards,
Bruce Tonkin
Registrars rep on GNSO Council
 

1.      Representativeness - within the GNSO as a whole, within the
Council and within the constituencies.  Analysis in this area should
include:

o       whether the constituencies, on a global basis, represent the
stakeholders they claim to represent; whether the constituencies operate
in an open and transparent manner; whether constituencies are open to
individuals or corporations who wishes 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

o       whether additional constituencies would capture input from
stakeholders in the development of policies that are not currently
represented

o       whether there are any barriers to the participation of all who
are willing to contribute to the work of the GNSO

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

o       whether there is sufficient time and opportunity for advice and
information from the GNSO constituencies

o       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



2.      Authority - of the GNSO Council to manage the bottom-up policy
process.  Analysis in this area should include: 

o       whether the GNSO Council manages the policy development process
in a timely and efficient manner; whether the Council manages
effectively open forums, mailing lists and public comment opportunities


o       whether the GNSO Council By Laws need amending in any way

o       whether the Council has successfully implemented the
recommendations of the GNSO Council review



Authority -  of constituencies to develop consensus policy positions.
Analysis in this area should include: 

o       examination of whether there is fairness, to the maximum extent
possible, within the constituencies

o       whether weighted voting patterns skew policy outcomes

o       work on whether the existing constituency structure could be
rationalized; whether new constituencies should be formed; whether
outreach to increase participation in the existing structure takes place

o       examination of the appropriateness and effectiveness of the
relationship between ICANN staff and the GNSO constituencies



3.      Effectiveness - of the GNSO constituencies to conduct the policy
development process and the GNSO Council to manage that process.
Analysis in this area should include:  

o       examination of the time and resources taken by both Council and
the Constituencies to develop policy positions

o       examination of the benefit to all affected parties of the use of
ICANN time and resources in developing policy positions

o       examination is required of the existing PDP process and should
include 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

o       analysis is required about whether ICANN is satisfied with the
advice it receives from the constituencies to ensure that advice
reflects best practice and the widest possible consultation with
affected parties including other ICANN supporting organisations and
advisory committees



2.      Transparency - of operations of each GNSO constituency and of
the GNSO Council.  Analysis in this area should include:

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

o       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 policy development
program

o       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.
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