ICANN Public Meeting Notes 
Notes of the Real-Time Scribe:
Accountability/Representation/Membership
Meeting Held in Cambridge, Massachusetts
Saturday, November 14, 9:00 am - 4:00 pm
Notes  •  Contact Information 
 


ACCOUNTABILITY/REPRESENTATION/MEMBERSHIP  

PrincipleIssueSuggested Solution
ICANN will have membership.How to make membership work. 
Any individual or organization should be able to become a member of ICANN.Difficult administrative process. Encourage formation of assocations of interest groups to become members of ICANN. Build new SO for membership. Let ISOC constitute body of at-large members.
Process should not be coopted by interest groups. How to give small users equal weight? - Require that at-large members have an assigned domain name. One person one vote regardless of how many domain names a member has. - BUT: Some interested users might not have domain names.
Involvement in internet governance should not depend on "membership" in any entity.    
  What is the mission of the organization? Look to white paper for mission.
  Many people can't afford to spend time and money being active members.  
Goals of membership process: inclusivity, including existing registrars; representativeness; functional transition process.    
Membership should not foster chaos.    
Must accomplish accountability.   -Avoid strong board; flat membership structure. -Limit role of membership in policy formation.
Geographic relationship to membership.   Include developing countries
Internet is unique. Must build on what internet has done rather than try to use old forms.  
Overrepresentation of American citizens? How will membership accommodate language issues? Can't rely on English alone.  
Individuals should have greater say than domain names coalitions.    
Balance accountability with protection from mob rule.   Unbundle accountability, membership, representation. Consider interim membership structure.
Prevent capture by minority.   Don't need huge membership, but large enough to ensure accountability. (Don't need individuals as members. Rely on representatives.)
    Two kinds of potential members: (1) registrars, business organizations, and others with self interest in operation of internet, and (2) mediating entities.
  What kind of membership structure will best serve the mission of ICANN? Launch focus groups on internet to help ascertain internet community's goals for membership structure.
     

Meta-issue: What policies should the board adopt to structure membership?
What will the powers of the membership be?
Models: - Member as voter, member as shareholder, member as director of corporation.
- Power to elect board: One person one vote.
- What powers would entice organizations/individuals to want to become members?
Who is the membership going to be?
Meta-issue: What policies should the board adopt to structure membership?
· What will the powers of the membership be?
Models: - Member as voter, member as shareholder, member as director of corporation.
- Power to elect/nominate board: One person one vote.
- self-nomination over internet (model: political process)
- nomination by board (model: business organization/corporation)
- What powers would entice organizations/individuals to want to become members?
- Do we define membership according to a preexisting legal category (i.e., under California law)? Tamar: No, keep it flexible.
- To what extent is ICANN's role operational versus policy making? If the former, who does it?
- Accountability should not depend solely on membership but also on transparency.
- Keep membership simple: Membership should elect board. Simple membership promotes stability.
-Purpose of membership to elect board and propose ideas to board.
-New tool needed: facilitate discussions among big constituency (six billion potential members).
- Both members and non-members should have power to petition the board for redress of grievances.
· Who is the membership going to be?
- Flat membership. Diversity of geography, profession.
- Keep it simple: avoid multiple structures with multiple classes and categories.
· Financial implications
- Membership as a revenue stream?
- Membership as a net cost to ICANN?
- Where is money coming from in general?
· How to keep membership from becoming disinterested after hot issues have been resolved (domain name allocation)?
1. Comments from board
1.1. Crew:
1.1.1. ICANN has a job to do: assure stability and oversight of internet on behalf of internet community.
1.1.2. Directors have fiduciary duty to act in the interests of entire community.
1.1.3. Membership has a say in who sits on the board.
1.1.3.1. Membership has obligations as well as rights: registration, identification for purposes of voting, perhaps pay a fee (issues of equity).
1.1.4. Board will establish advisory committee on membership.
2. Conrades
2.1. Assure geographic diversity- of board - both SO's and at-large members - already in bylaws.
2.2. Need method for proposals from and debate among membership.
3. Triana
3.1. Board obliged to afford equal access to membership.
3.2. How to organize equal access for a fair membership.
4. Kraaijenbrink
4.1. Most important part of membership will be the election of at-large board members.
4.2. At-large board members will therefore have to listen to and respond to internet community at large.
4.3. Everyone has the right to ask the board for explanation and redress.
4.4. Working structure of board must enable communication with internet.
5. Roberts
5.1. Representative democracies feature a vetting process whereby electorate learns policy views of candidates.


CONTACT INFORMATION  

For additional information, please contact:  

Wendy Seltzer and Ben Edelman 
Berkman Center for Internet & Society at Harvard Law School