12 MR. ZITTRAIN: We will turn to the 13 first of the three substantive sessions we're to 14 have today, this one on accountability and 15 representation, possible membership structures. 16 It's probably important to say that we'd like to 17 try to run this differently than the way the last 18 session went; not because the last session went 19 poorly, just because we want to get as many people 20 in as possible, have everybody give their ideas, 21 if possible, try to minimize sort of speechifying 22 and keep it as dynamic so it can actually get into 23 an exchange of ideas instead of this sort of a 24 rat-tat-tat of fire, some ducking behavior and O'BRIEN & LEVINE COURT REPORTING SERVICES 90 1 then coming up over the rampart and firing back. 2 So we'll try to do that, and that will entail 3 going to mic or perhaps being called upon. We'll 4 try to keep it, again, as smooth as we can. 5 We'll also have our scribe in a 6 somewhat different role. We're basically going to 7 try to keep a growing outline of what we're doing 8 in order to keep a thread going for a while before 9 we move to the next thread -- my mic just died. 10 Should I just bellow, or can you -- ahh, but the 11 mic is back on, so problem -- we just waited and a 12 problem went away. So we're going to try to build 13 an outline collectively as we go. Obviously this 14 entails some sense of collective spirit on the 15 part of the audience. There, indeed, are people 16 we know here and ideas floating around that have 17 to do with legitimacy, with all sorts of other 18 ideas that don't have to do specifically with 19 membership structures, representation, that kind 20 of thing. I ask you not to speak to those issues, 21 again without trying to denigrate them, not to 22 speak to them during this time so that we may 23 actually collectively again make progress in this 24 area. And again, don't be offended if I somehow O'BRIEN & LEVINE COURT REPORTING SERVICES 91 1 urge you at a moment or two to do just that. 2 So with that, we want to get started by 3 letting -- Greg Crew, I think, a member of the 4 Board, has offered to start with some views that 5 have come to the Board so far on membership and 6 then have an opportunity for people to speak and 7 to again get quite interactive. So, please, Greg. 8 MR. CREW: Thanks, Jonathan. Am I on 9 the air? 10 MR. ZITTRAIN: You're on the air, as 11 far as I can tell, yes. 12 MR. CREW: The interim Board agree with 13 the very widely-expressed view that ICANN should 14 have a membership, which is the best way, it is 15 believed, to provide for both representation and 16 accountability of the Board. And we note that 17 there have been a number of very clearly-expressed 18 suggestions as to how such a membership structure 19 might be organized from the Boston Working Group 20 as well as others. This morning, what we'd like 21 to do is capture from this audience ideas on how a 22 membership structure might work within ICANN, 23 given the nature of what we're trying to do. 24 And I would like to get your input O'BRIEN & LEVINE COURT REPORTING SERVICES 92 1 under three categories. The underlying principles 2 that should be embodied in a membership structure, 3 drawing on Einar Stefferud's suggestion that we 4 should look at principals, that it's principals, 5 not people. Out of principals might come issues 6 that relate to how one would put into practice a 7 particular principal and lead to solutions. 8 As an example, for example, and drawing 9 on Harold Feld's comments earlier, one principal 10 might be that any individual or any individual 11 organization should be able to become a member of 12 ICANN. An issue arising out of that might be that 13 it represents a difficult process, given the 14 worldwide nature and the diverse interests 15 encompassed by the Internet community. And 16 arising from that, a possible solution might be 17 that we encourage the formation of associations of 18 industries to become members of ICANN. That's 19 just a starting suggestion as to the way we might 20 proceed. And with the help of Jonathan, we would 21 very much like to have your input and try to list 22 it under these categories. I think that would be 23 of great assistance to the Board and to the 24 membership committee that we are going to O'BRIEN & LEVINE COURT REPORTING SERVICES 93 1 establish to advise us on this very important 2 question. 3 MR. ZITTRAIN: Great. So with that, it 4 looks like we're ready to basically put it open. 5 Why don't I see -- if somebody wants to come to 6 the mic, you want to either talk to the very first 7 issue that was just laid out. If you're going to 8 try to create a different category under this 9 general scheme, let us know, but I think we should 10 try to a thread on this so far. Yes, in the back. 11 And if you can identify who you are and, if you 12 want, what organization you represent or not. 13 MR. SIMPSON: I'm Bill Simpson. I've 14 been known as the Daydreamer on the Net for twenty 15 years. I actually am concerned about how to make 16 the membership work. I don't (inaudible) other 17 supporting organizations, ICANN actually is 18 providing a service to them; that is, registering 19 numbers, handling names, that kind of -- so, the 20 membership, I don't see it actually rendering a 21 service. On the other hand, there is an existing 22 set formation of associations and interest groups 23 called the Internet Society that renders the 24 service of education and outreach on the Internet. O'BRIEN & LEVINE COURT REPORTING SERVICES 94 1 And I would suggest that the best solution to make 2 a membership representation for ICANN would be to 3 build a supporting organization that is the 4 Internet society so that they would handle all of 5 the administrative -- 6 MR. ZITTRAIN: By that, by the way, you 7 mean the Internet Society lowercase S or big S? 8 MR. SIMPSON: Being as the Internet 9 Society is the name of an organization -- 10 MR. ZITTRAIN: Right. 11 MR. SIMPSON: -- with chapters and 12 members and board members, individual members and, 13 you know, a large amount of interest groups 14 already in place, you could spend the next seven 15 years building a new membership organization or 16 you could use the one that is in process and would 17 have a purpose, that it would provide some service 18 to its members, which ICANN is not likely to do 19 directly. So that I propose that those members of 20 the board at large would come from the Internet 21 Society. 22 MR. ZITTRAIN: Okay, so it's a very 23 specific proposal, let the Internet Society be the 24 at-large kind of supporting organization, not O'BRIEN & LEVINE COURT REPORTING SERVICES 95 1 currently contemplating the by-laws, that would 2 then elect the members of the at-large half of the 3 Board. And before you move up to the front mic, 4 might I encourage -- I know there are a number of 5 people who traveled very long distances to be here 6 and a number of people who took the T in from 7 Harvard Square or elsewhere in Boston. Given 8 limited mic time today, if there's any way to -- I 9 don't know exactly how to manage it, but to 10 recognize the people who have traveled a very 11 great distance to be here, if there's some way 12 they might play a trump at some point, that might 13 be appropriate. But the person at the front mic, 14 is it -- can you speak up? 15 MR. HECKENDORN: Yes. My name is Mark 16 Heckendorn. I'm -- the last eighteen months, I've 17 been chairman of an Internet interest group. My 18 concern really comes out of my background in the 19 telecom industry. I've been in the telecom 20 industry for twenty-two years, most of the time as 21 the non-engineer at the table with the engineers. 22 So I'm usually like the marketing guy who has to 23 go to the standards meetings. 24 And one of the things that I have seen O'BRIEN & LEVINE COURT REPORTING SERVICES 96 1 in the telecom industry which I do not want to see 2 happen in the Internet any more than can be 3 avoided is essentially the co-opting of the 4 consensus process by the large players. And 5 that's done through a lot of ways. If you -- if 6 your membership comes only from the formation of 7 interest groups and you have a proliferation of 8 interest groups, then the people that can afford 9 representation, all the different interest groups 10 (inaudible), end up with the bigger vote. You 11 know, I think there has to be some mechanism that 12 allows the issues that are important to the 13 smaller user to have equal weight at ICANN. 14 And I would dispute the idea that ICANN 15 provides no services for the smaller user. It's 16 essential to have a single place for important 17 policy issues to get a transparent and fair and 18 public hearing, policy issues that affect the 19 Internet. Then the small entities can't be blind- 20 sided. There's at least one place that will 21 guarantee things will bubble up and we can learn 22 about them. 23 MR. ZITTRAIN: So let me just put this 24 out real quick. If you have small members -- I O'BRIEN & LEVINE COURT REPORTING SERVICES 97 1 mean any individual can, say, be a member of the 2 corporation or of the institution. You have some 3 risk of -- I guess you'd call it capture where you 4 have a bunch of people, anybody can be a member, 5 but they're not particularly inspired to vote, to 6 keep up with the issues, and you then have to -- 7 MR. HECKENDORN: Yeah, I have a 8 proposal that would limit that a little bit. I 9 would say that to be a member of the general 10 membership, you have to have an assigned domain 11 name. And I would even say that a portion of the 12 assigned domain name fee be put aside for 13 membership activities and that it's part of my 14 responsibility, as somebody with a domain name, 15 with that level involvement on the Internet, to 16 keep up with what's going on. 17 MR. ZITTRAIN: And multiple domain 18 names, however, don't give a person -- 19 MR. HECKENDORN: That's right. 20 MR. ZITTRAIN: -- multiple memberships. 21 MR. HECKENDORN: If you've got a domain 22 name, you get one vote in a general membership, is 23 my suggestion. 24 MR. ZITTRAIN: Greg, do you have some O'BRIEN & LEVINE COURT REPORTING SERVICES 98 1 thoughts on that? 2 MR. CREW: I think that's a thought 3 that has been expressed in a number of areas and 4 certainly warrants consideration, but I also think 5 that there is a view that you might say someone in 6 the general community, who might not have a domain 7 name, would have an interest. And certainly the 8 association, the Internet in Australia makes space 9 for consumer groups -- and I'll say groups -- to 10 sit on the Board and take part in the policy 11 formation, and we find that very useful. 12 MR. HECKENDORN: I would just follow up 13 and say that my suggestion of the domain names is 14 sort of just a rough proxy, because since it 15 essentially costs seventy dollars for two years to 16 have a domain name, it's not a high barrier. And 17 if you're going to be involved at a very small 18 level or -- and many individuals have personal 19 domain names -- it becomes a way -- a self- 20 policing way of giving membership -- 21 MR. ZITTRAIN: Greg? Greg? 22 MS. DYSON: Can I just interject? I 23 think we should bring back the clock and set it to 24 one minute, because what we really want to do here O'BRIEN & LEVINE COURT REPORTING SERVICES 99 1 is lay out the space that we get to explore. 2 We're going to have to deal not only with 3 membership but, at some point, should and how the 4 members elect the Board and various other issues. 5 And so I'd like to really lay this out quickly and 6 then come back and fill in the bits. And then 7 John can say things like good idea, somebody argue 8 for, somebody argue against what is good or bad 9 (inaudible) individual so that we can get focused 10 on some of these areas. 11 MR. ZITTRAIN: Gotcha. In the back, 12 Jay Hauben. 13 MR. HAUBEN: My name is Jay Hauben. 14 I'm a volunteer (inaudible) Computers, which, for 15 ten years, has represented the (inaudible) of 16 computing in documenting the history and 17 principals that are put into the Internet. My 18 comment on membership is that the Internet is a 19 place where I've found that I don't have to be a 20 member of anything. I post and I'm judged by the 21 value of my ideas. Since nations have citizens 22 and their citizens are -- should be involved in a 23 government, I think that we're trying here to do 24 is replace the wholeness of the public O'BRIEN & LEVINE COURT REPORTING SERVICES 100 1 representation by a smaller subset, and I think 2 that's a negative process. I think we shouldn't 3 have the Board, that we shouldn't have members 4 either. I feel that it's very important to 5 understand that we're at the very beginning of 6 establishing universal communication access 7 everywhere, and we have to spread that process. 8 And when people are communicating (inaudible) 9 process to determine what's going on. 10 So I would be against seeing the 11 subsetting of something to (inaudible) people 12 called members and some other (inaudible) people 13 called the Board from this process (inaudible) 14 makes possible people gaining the access and then 15 being involved in what is happening. 16 MR. ZITTRAIN: Thank you. At the front 17 microphone. 18 MR. AHEARN: Yes. My name is Mitchell 19 Ahearn. I'm chairman of the Association of 20 Internet Professionals, an organization for 21 industry. We ran a survey through our membership 22 just before coming here, trying to address some of 23 these issues. And it's not actually clear that 24 there is a consensus out there to be had. Among O'BRIEN & LEVINE COURT REPORTING SERVICES 101 1 our membership, there is a lot of desire to have 2 individuals be strongly represented, but perhaps 3 also to have levels of membership that reflect 4 other associating organizations. 5 I think the questions that are being 6 asked are possibly, you know, certainly at this 7 stage, too broad and are ignoring some of the 8 underlying questions or glossing over some of the 9 underlying questions. You know, how important is 10 it to have geographic representation, how 11 important are some of these issues that are 12 already assumed to be important in the context of 13 the questions. 14 And the other question that I do have 15 is, what is the mission statement of this 16 organization? Because without knowing that 17 clearly -- and I have not seen it written out 18 clearly -- it's very difficult to respond to 19 questions of membership and affiliation. 20 MR. ZITTRAIN: Indeed. Mr. Zumi. 21 MR. ZUMI: Thank you. I appreciate 22 that Jonathan said to encourage those who come 23 from afar. I spent twenty-nine hours (inaudible) 24 coming here from my home (inaudible). I represent O'BRIEN & LEVINE COURT REPORTING SERVICES 102 1 (inaudible) Association, which is (inaudible). 2 And we appreciate that (inaudible) is trying to 3 accommodate membership structure. However, there 4 is something more than the membership that we 5 need. We need to do more reach-out to the people, 6 organizations, groups in all parts of the world. 7 We (inaudible) the Singapore meeting back in 8 August, we tried really to make it inclusive, 9 encouraging those from the other countries and so 10 forth. Membership is okay if you have money or 11 time to spend to become a member, but there are a 12 lot of people who couldn't do that or can't afford 13 to do so who are using the Net. So I think 14 (inaudible) should really try to find ways how to 15 become more inclusive. 16 MR. ZITTRAIN: Thank you. 17 MR. ROBERTS: Nigel Roberts again. 18 Inclusivity is the goal, but the organization and 19 whatever membership structure is involved has to 20 be representative. It has to be representative of 21 existing constituencies, existing registrars, 22 because if you're going to take decisions that 23 affect existing registrars, you must expect those 24 people to want to have a say. And it must be O'BRIEN & LEVINE COURT REPORTING SERVICES 103 1 representative of emerging constituencies, people 2 who -- and there are a lot, it appears, who want 3 to run their own domains or do something else 4 different. So -- and there should be a process by 5 which you get to a state where you can fairly 6 transition between the two. 7 MR. ZITTRAIN: Very good. The back 8 microphone? 9 MR. BUSH: Randy Bush. I'm the 10 engineer of Internet supplier (inaudible) yes, 11 we're willing to share our toys if we have to, but 12 I suggest that the large commercial interests who 13 wish to share the toys with us should also 14 remember to share them with the rest of the world. 15 I'm specifically concerned that the demigods of 16 democracy also not create dissent and chaos. The 17 problem with (inaudible) talking about the 18 telephone and newspapers of tomorrow or maybe 19 today, and the problem with membership is 20 tantamount to the problem of membership in the 21 United Nations, and it may not be decided today, 22 so my concern is really very pragmatic. 23 First of all, it is to get the 24 traditional community and the interest O'BRIEN & LEVINE COURT REPORTING SERVICES 104 1 representative (inaudible) on the Board and then 2 how the new Board will be elected is something 3 rationale that has to be created in a time which 4 cannot really create a real membership 5 organization of the scope of the Internet. 6 MR. ZITTRAIN: Right. Front 7 microphone? 8 MR. RODRIGUEZ: Hi. My name is Amadeu 9 Rodriguez, and I represent the (inaudible). I 10 spent seven hours last night (inaudible). The 11 first thing, twenty-four hours or twenty-seven 12 hours (inaudible) the rest of us. Why? Because 13 you are interested in what ICANN will do. And we 14 are here to know what the Board wants to do. You 15 can be (inaudible) what the Board will do. 16 Membership, what's the membership for? 17 Accountability and election of the at-large 18 members, basically. Well, the first thing will be 19 looking at every single idea you have for the next 20 years. You know, no other organization probably 21 (inaudible) government would have so strong 22 control (inaudible). What about membership? I am 23 against a flat membership where we have any 24 structure, because it is only open to control O'BRIEN & LEVINE COURT REPORTING SERVICES 105 1 (inaudible) players. I am the third person today 2 from the floor. On the other side, I don't want a 3 system with a strong membership and a strong board 4 doing (inaudible) and all the people that want to 5 participate go through that channel, basically, 6 and the ICANN Board. 7 MR. ZITTRAIN: Thank you. Thank you. 8 Back microphone? 9 MR. CURRAN: Hello? John Curran, GTE 10 Internet Working. I have sort of a question more 11 than an answer. The issue is, for the membership, 12 accountability and representation. We may not 13 want to bundle these together. And what I mean by 14 that is that it's going to be important that 15 there's accountability for ICANN's actions, and a 16 broad-based membership will provide that, but that 17 broad-based membership may not be the direct way 18 to get input on policy formation. 19 We may want to think about the fact 20 that a membership whose role is to make sure that 21 the oversight that the Board needs to provide is 22 there is its principal function, but maybe that 23 same broad-based membership is not the process by 24 which policy formation is made. It's more people O'BRIEN & LEVINE COURT REPORTING SERVICES 106 1 who are interested getting together in various 2 organizations to handle those topics. We couple 3 representation and membership together, and I'm 4 just not sure that they're necessarily the same 5 topic, particularly representation for purpose of 6 policy formation. 7 The second issue I just want to raise 8 is -- two seconds -- is that a lot of people seem 9 to think the Board is the (inaudible) supporting 10 organization. People get up to the microphone and 11 ask the Board about questions about domain name 12 policy, about whether or not people need domain 13 names to be the representation, etcetera. Let's 14 keep in mind that ICANN has many roles, and the 15 naming is only one. To the extent that we can 16 take the decisions and push them down into other 17 organizations, the role of the ICANN Board for 18 oversighting and making sure that there's an open 19 process will be a lot easier. 20 MR. ZITTRAIN: Great, thank you very 21 much. 22 MS. DYSON: Let me just talk one second 23 about a procedural thing or the naming thing or 24 whatever. The -- this session is supposed to be O'BRIEN & LEVINE COURT REPORTING SERVICES 107 1 about one mechanism for accountability and 2 representation. The second section is about 3 representation, specifically technically expertise 4 in these specific areas. And the third session is 5 about other means of accountability. And so 6 that's how those particular titles and sessions 7 got chosen and divided. 8 MR. ZITTRAIN: Great. I think -- are 9 we at the top mic now? Go ahead. 10 MR. KELLY: I am speaking for Edmundo 11 Valendez, who's right here with me. He represents 12 the Latin American Association for the Internet 13 that was formed after the IFWP meeting, and I'm 14 giving a statement because I can read English 15 faster than he can. Latin America has been 16 excluded from the ongoing process (inaudible) 17 IAANA. Our reason, as demonstrated during the 18 IFPW -- IFWP, we have the will to participate in 19 the process as well as the capacity to organize 20 and support this type of initiative. ALCI was 21 formed as a result of the IFWP meeting (inaudible) 22 entities from Latin America who would jointly 23 demand that the above issue be resolved by ICANN. 24 By the way, "demand" in Spanish doesn't O'BRIEN & LEVINE COURT REPORTING SERVICES 108 1 mean the same thing it does in English, so -- on 2 October 20th, (inaudible) called for ICANN to 3 indicate how they would address the concerns of 4 stakeholders who want equitable representation on 5 the Internet community, including the developing 6 regions. It also stated that the organization 7 selected should be -- reflect the geographic 8 diversity of the Internet community. Latin 9 America can contribute knowledge of the Board 10 candidates who are not representatives of 11 particular constituencies. The rest of the 12 statement, we'll provide. Thank you. 13 MR. ZITTRAIN: Thank you. and maybe 14 what we should do is also, let's freeze the lines 15 where they are so that at the end of this basic 16 brainstorming kind of session collectively, we can 17 start working with what we have in the outline. 18 Ronda in the back. 19 MS. HAUBEN: Yes. I'm Ronda Hauben, 20 and I'm co-author of the book "Netizens on the 21 History and Impact of Usenet and the Internet" published 22 by the IEEE Computer Society Press. And what's crucial with 23 regard to the Internet -- and the U.S. Federal 24 District Court in Philadelphia affirmed by the U.S. Supreme O'BRIEN & LEVINE COURT REPORTING SERVICES 109 1 Court -- that it's a unique new development of 2 international communication. And therefore, the 3 things that get created need to build on what the 4 Internet has done, not take old forms, like old 5 membership structures, old interest groups and all 6 those things that are not new and that are not 7 unique to the Internet and pop them on top of the 8 Internet. 9 And what I'm concerned about here is, I 10 don't see any interest in looking at the forms 11 that are developed on the Internet and 12 understanding where and how those forms can be 13 helpful to solve the problems that people claim 14 exist on the Internet. And I don't see where this 15 membership -- it's the old form and it's not 16 looking at what is unique -- what's developed on the 17 Internet is not a membership and not that you have to have a 18 domain there, but if you have a view, you have a 19 chance to say it and to debate it and discuss it. 20 And that's not being provided for in any way. 21 And so I guess I'm raising this 22 question, how can you stop trying to 23 plop the old world on top of the 24 Internet and somehow -- and I think the O'BRIEN & LEVINE COURT REPORTING SERVICES 110 1 significant thing is, if you have a discussion on 2 the issue, you try to figure out the principles -- 3 I'm almost finished -- you try to figure out the 4 principles. Out of the principles come the 5 organizational forms. You're doing it backwards; 6 you've got the organizational forms from the old 7 world, and you're trying to plop those on top of 8 something that's very new and important. 9 MR. ZITTRAIN: Thank you. 10 MR. LINDSEY: My name is Richard 11 Lindsey. I'm from (inaudible) Corporation, which 12 is based in Japan, and we're also a member of 13 (inaudible). The point that no one has brought up 14 so far as of yet is, one of the reasons I think 15 that the current -- some of the problems with 16 membership and many organizations was they are not 17 United States of America citizens. I am an 18 American citizen, but I am working in Japan. I 19 work in Japan and I speak Japanese. 20 The point is that the -- whatever the 21 ICANN does currently, it will have to be a step- 22 one operation. In order to be truly 23 representative, you will not be able to have this 24 kind of meeting right here where everyone speaks O'BRIEN & LEVINE COURT REPORTING SERVICES 111 1 English. The majority of the world does not speak 2 English. There are many wise colleagues that have 3 a very strong interest in domain name issues and 4 numbering issues, but they do not speak English 5 and they cannot come to this meeting and 6 participate, because it wouldn't be possible to 7 have simultaneous translators for Japanese and 8 we'd need Spanish and we'd French and Turkish and 9 Russian. So I think eventually maybe you'll have 10 to have (inaudible). But whatever this -- you 11 know, (inaudible) we have time, this is step one, 12 let's get the ball rolling and see what happens 13 later. 14 MR. ZITTRAIN: Thank you. Carl? 15 MR. AUERBACK: I'm Carl Auerback. I 16 work for Sysco Systems, but I speak for myself. I 17 wanted to take Ronda's point of view, but turn it 18 on its head and say yes, let us pop the past onto 19 the present, let us use the wisdom of the past. 20 And what have we learned from the past? 21 Organizations come and go. The indivisible unit 22 of representation in a any government structure -- 23 I'm using the word "government" very deluded 24 here -- is the individual human being, not the O'BRIEN & LEVINE COURT REPORTING SERVICES 112 1 organization. I would submit that this new 2 organization should very strongly give voice to 3 the individual person on a much stronger basis 4 than that of organizations, corporations or what- 5 have-you. Thank you. 6 MS. DYSON: And we'll come back to you 7 on how to do that later. 8 UNIDENTIFIED: Speaking for Harold 9 Feld. I would echo him. Many of the points that 10 have been raised by others and their organizations 11 can be captured by those who have time to go to 12 the meetings (inaudible) accountability and the 13 membership -- and the -- excuse me, and the 14 representation. And third, I would ask the Board 15 to consider an interim membership structure. And 16 you don't have to worry about getting it exactly 17 right the first time so that we can go forward 18 with this process in a way that provides some 19 accountability to the community at large. 20 MR. ZITTRAIN: The gentleman in the 21 back? 22 AUDIENCE: (inaudible) -- 23 MR. ZITTRAIN: Can you speak up, 24 please? I'm sorry. O'BRIEN & LEVINE COURT REPORTING SERVICES 113 1 AUDIENCE: -- that we want different 2 people to be represented (inaudible) so we are 3 assured that ICANN does not tend to minority, so 4 ICANN is not captured, which is the key word, 5 captured by the minority. We want accountability 6 to make sure that no decisions have been made for 7 a minority. This means that for membership, we 8 don't need a huge membership, we do not need a 9 very large membership, we just need enough 10 membership so that we can get those two things: 11 We can make sure that (inaudible) and we have 12 enough people. So that's why I think a membership 13 should be done, and we don't have to be -- we 14 don't need individuals (inaudible) representatives 15 of these users, but there should be -- but the 16 goal should be membership. 17 MR. ZITTRAIN: Very good. Tamara, is 18 there something you wanted to add before we move 19 to the next page? 20 TAMARA: (inaudible) 21 MS. DYSON: You need to talk to the 22 mic. 23 TAMARA: I think the comment that was 24 made is very right. First of all, we have to look O'BRIEN & LEVINE COURT REPORTING SERVICES 114 1 at the mission of this corporation. And it seems 2 to me that the white paper does say what the 3 mission is; to maintain the stability of the 4 Internet and facilitate and help develop the 5 Internet further for the benefit of mankind, if 6 you will. So this is a very broad and evolving 7 type of a mission. That's number one. 8 So who are the parties that will help 9 facilitate that mission? And I think there are 10 two kinds of parties, and let's start from that. 11 One party is those who are members of the 12 infrastructure of the Internet, and we know about 13 the professional part, professional organizations 14 and people -- we talk about the registrars, both 15 profit and non-profit, and there's the businesses, 16 those who have a stake and can really suffer if 17 these missions of the organizations are not 18 fulfilled. It's their self-interest that will 19 then promote the mission of the Internet. 20 Now, you may say there aren't -- self- 21 interest doesn't always produce the interest for 22 the whole. And quite frankly, if you had only one 23 self-interest, then that would be correct. Then 24 there must be somebody, and usually it's the O'BRIEN & LEVINE COURT REPORTING SERVICES 115 1 government, that looks for the interest of the 2 whole. But funnily enough, because there are so 3 many varieties and so many various interests in 4 the Internet communities, we may overcome that by 5 mediating. If you do what governments do when you 6 have a policy issue, you will look at all these 7 competing interests, and then add where would some 8 particular interest have to give in order for the 9 whole to benefit. So maybe the way in which you 10 would then evolve a policy decision will entail 11 exactly what is being done here: Listening to 12 everybody and then evolving criteria for making 13 these decisions, these balancing decisions. 14 The Internet was started by the 15 professional organizations, and that's where you 16 have one model of an organization. And then it 17 developed a huge (inaudible), and that was what 18 was said here. However, the Internet will 19 continue to be developed also by business 20 organizations and will have an impact and will be 21 impacted by political organizations. And what you 22 listen to here is everybody coming with old 23 models, that's quite true, with the old models; 24 you have a business model, you have a professional O'BRIEN & LEVINE COURT REPORTING SERVICES 116 1 model and you have the political model. And what 2 we should really look for is, how do you melt it 3 all together? What do you take from each of these 4 models that will flow with the mission of this 5 corporation? I am leaving that as a question, 6 because I think my time will be up very soon. 7 MR. ZITTRAIN: Your time may be up, but 8 please take just a minute and finish what your 9 thought is. 10 TAMARA: And one -- two ideas that -- 11 one idea which Harold brought about was to have an 12 interim membership. Along the same line, I had 13 two ideas. It seems to me that although this 14 group is very representative simply because of the 15 investment you've made, that is what gives you 16 legitimacy as well. If maybe we could have one or 17 two focus groups on the Internet, find out from a 18 broader audience what they perceive to be their 19 desires. 20 The other thing is, maybe we could have 21 a dry run, we could have -- first design a system 22 and then try and run it first and see what comes 23 out. What should come out is the kind of 24 representation that will maintain the mission of O'BRIEN & LEVINE COURT REPORTING SERVICES 117 1 the organization, of the -- of ICANN. 2 And I had one final comment, there's no 3 doubt that this Board and any other leadership 4 should earn its stripes. But I have a humble 5 suggestion for those who want to be members. They 6 have to earn the trust too. Membership entails 7 responsibility. It's only when you are completely 8 outside that you say, hey, let's burn the house 9 down unless we go in. You are in, you're in, but 10 now that you are in, there is responsibility that 11 comes with it. And so I hope that all parts of 12 this community will work towards responsible 13 suggestions and responsible contributions. Thank 14 you. 15 MR. ZITTRAIN: Please don't leave, 16 Tamara. Stay right here. Let me suggest, to get 17 us started, that I'm going to pull an Einar 18 Stefferud and say there's a meta issue here. The 19 meta issue is, what sorts of policies can the 20 Board, as it goes over the next year or two and 21 tries to really craft new by-laws reflecting, 22 among other things, membership, what should the 23 policies be, what should it look like, how will it 24 work? O'BRIEN & LEVINE COURT REPORTING SERVICES 118 1 The other issue is, how shall the Board 2 get there? How is it going to answer the question 3 that is the first set of issues I just posed? One 4 possible answer that emerged from just the session 5 that we just had was, you have an interim 6 membership, and the interim membership is somehow 7 assisting the Board in defining the full and later 8 membership. Tamara's suggestion was that you have 9 some on-line focus groups, you have other tools of 10 gathering views, somehow deliberating about them 11 and coming to closure on them in a way that isn't 12 simply the Board thinking hard and then boom, it 13 comes up with an answer, given that it wants to 14 reflect the community as it is. So I just want to 15 sort of bracket that meta issue. 16 Another thing is that we have a 17 question about just what membership does. And I 18 understand several of the comments pointed out 19 that there's a big difference between membership 20 and accountability and representation in a two-way 21 kind of way; that membership is a means, maybe, to 22 the end of accountability and representation, it 23 is maybe necessary for it, and the Board seems to 24 have said recently it seems it's necessary, but it O'BRIEN & LEVINE COURT REPORTING SERVICES 119 1 may not be sufficient. There are other things to 2 talk about as well, and I guess the other two 3 sessions may get at that. 4 And I suggest, then, that one topic 5 around which we might build some thoughts are, 6 just what would the powers of the membership be? 7 Forget who they're going to be, although obviously 8 how you'd like to empower them depends who they 9 are. But what would the powers be? Is it just 10 electing the at-large Board or is it initiating 11 lawsuit, is it initiating recall? What are the 12 specific powers of membership? And then put a 13 referendum on a ballot, and if the members vote 14 it, the Board is bound by it. So I just want to 15 kind of put that out as a topic around which there 16 might be comments. 17 And then the other thing is, all right, 18 who is the membership going to be? Do you do a 19 flat structure? Is it going to be one person, one 20 vote? Do you have some threshold value to show a 21 commitment or a stake in the issue, such as you 22 have to have a domain name before you can be a 23 member? And I suppose ancillary to that is, how 24 do we do an equation between voice and power? O'BRIEN & LEVINE COURT REPORTING SERVICES 120 1 There are people who have the time and effort to 2 give of their voice and to actually vote 3 carefully. Does that entitle them to have what 4 will, by reality, be disproportionate weight to 5 those who might be entitled to be members or who 6 are members, but who don't actually actively 7 engage, and yet might have interests that are at 8 stake? So laying that out, why don't I ask Esther 9 to make a comment. 10 MS. DYSON: Yeah, I'm going to -- I'd 11 like to get a little more concrete, because we 12 really do want advice as well as (inaudible) 13 questions. And so one way I'd like to tease this 14 out is to look at some of those models people 15 mentioned. There's the member as voter or 16 citizen. There's the member as maybe shareholder 17 of some kind. There's the member as something 18 like a director of a corporation. You know, how 19 you do that with a lot of people, I don't know. 20 And so that's kind of the role. There's also, 21 again, individuals versus organizations. 22 My sister was recently ordained as a 23 minister in the Presbyterian church, and in order 24 to be ordained, you have to -- first you have to O'BRIEN & LEVINE COURT REPORTING SERVICES 121 1 be proposed by a specific group of people, a 2 church to go to divinity school, and then when 3 you've gotten your -- whatever, your degree or 4 whatever, then you'd have to be again proposed by 5 a specific group of people to become the pastor of 6 a church. There has to be people who want you. 7 Is this something we could roll up into how 8 members get selected? I don't know. But what I'd 9 like to do now is get a little specific on the 10 pros and cons of each of these, what problems they 11 address and what problems they create. Do they 12 allow for mob rule? Do they allow for money rule? 13 Do they foster geographical and other 14 representation? 15 MR. ZITTRAIN: Great. Are there 16 thoughts specifically on this? Yes? 17 Unfortunately, you will have to go to the mic just 18 so that it gets into the record. 19 MR. HECKENDORN: I'm Mark Heckendorn. 20 I'm in favor of a very broad membership model, and 21 the one I like to use is the English major who 22 (inaudible) the IEEE. The IEEE model, essentially 23 anyone can be a member. There are certain 24 categories of membership, and based on those O'BRIEN & LEVINE COURT REPORTING SERVICES 122 1 categories of membership, it might have some 2 bearing on which types of offices you can hold, if 3 there were offices from the membership. But in 4 general, what I do with my membership depends upon 5 my level of participation. The minimum is -- for 6 me to be a good member is to turn in my ballot 7 every year in electing the Board. And beyond 8 that, I can cooperate in committees, I can work 9 with local chapters, I can do a range of things. 10 But at the individual level, I still have a vote 11 that's equivalent to every other member of the 12 IEEE. You know, I think that's a good model. 13 My suggestion of using domain names is 14 just a quick surrogate, because you have those 15 people's names and addresses, and so you don't 16 have to go through the problem of creating a 17 membership list, and that might be a good interim 18 membership list. 19 MR. ZITTRAIN: Yes, at the back 20 microphone? 21 AUDIENCE: My name is (inaudible). I 22 am vice president of (inaudible). Here I want to 23 raise one question: What is the incentive for the 24 people of the organization to come to be a member? O'BRIEN & LEVINE COURT REPORTING SERVICES 123 1 MR. ZITTRAIN: You mean what's in it 2 for them? Membership has its privileges. What 3 are they? 4 AUDIENCE: For the privilege or the -- 5 to get some kind of right or the power over the 6 organization? Another (inaudible) people come to 7 the membership in order to achieve or in order to 8 commit to some kind of responsibility of the 9 organization, to get the power or to commit to the 10 -- some kind of responsibility of the 11 organization. I think this is a very important 12 point. I think the membership -- member must 13 commit in some kind of responsibility of the 14 organization. This question is very important, 15 because we are running the Japan network 16 information center (inaudible) some type of 17 membership organization. The lawyer says once we 18 give some specific privilege to the membership, 19 then he might cause some kind of legal problem 20 (inaudible) antitrust law. That's very important 21 point. So we cannot give big privilege to the 22 members. 23 MR. ZITTRAIN: Yeah. 24 AUDIENCE: On the other hand, if we don't O'BRIEN & LEVINE COURT REPORTING SERVICES 124 1 give any kind of service or privilege to the 2 members, then they will not pay the membership 3 fee. 4 MR. ZITTRAIN: Yes. 5 AUDIENCE: This is very important 6 problem, so let's be -- I have not good answer to 7 this one, but I would like us, all of you to think 8 of this problem: What is the incentive to come to 9 the membership, to get privileges or to commit to 10 some type of responsibility of the organization? 11 MR. ZITTRAIN: Thank you. Another 12 issue it just quickly raise that might be worth 13 bracketing is, do we define membership thanks to a 14 preexisting legal category handed down, say, from 15 the State of California, is membership sort of 16 written into the law there or is membership more a 17 conceptual thing, we can say IEEE does it this way 18 or somebody else does it that way and just imagine 19 fashioning it however we want, whatever the law 20 may say about, when you have a membership, this is 21 its powers, these are its structures. Tamara? 22 MS. DYSON: You still need to get 23 closer to the mic. 24 TAMARA: Oh, okay. O'BRIEN & LEVINE COURT REPORTING SERVICES 125 1 MS. DYSON: Thanks. 2 TAMARA: We need, I think, the type of 3 membership structure that is flexible, because we 4 don't really know, this organization (inaudible). 5 So to carve it in stone right now would require, 6 afterward, chipping at the stone. Now, there is a 7 price for that flexibility, and that's lack of 8 predictability and making inability to -- it's 9 kind of lack of self-control of what will happen 10 next, which may not be desirable. So you have to 11 find something in between. One question is, who 12 are the nominees and how do you nominate the 13 Board? Now -- 14 MR. ZITTRAIN: We're going to 15 presuppose that one power of the membership is to 16 nominate the Board. 17 TAMARA: That's right (inaudible) 18 membership now, but this is a very important 19 question. And it seems to me that two -- three, 20 really, or maybe two examples, in a business 21 corporation, the existing board nominates the 22 future board. However, the members can, at a 23 great cost, create -- make their own nominees 24 through (inaudible). That is one possibility. O'BRIEN & LEVINE COURT REPORTING SERVICES 126 1 The other one is what I saw in some of the 2 professional organizations of the Internet, and 3 that is, people (inaudible), but they then have to 4 pass through some qualifications and also to have 5 some support. It's very similar or somewhat 6 similar to a political process. 7 It may well be that we should take that 8 political process, and the reason is that then you 9 will have some nominating board which can then 10 balance and create a balance representation by 11 some general guidelines. The more general the 12 guidelines, obviously the more flexible you will 13 have. And the more general guidelines, the less 14 predictable it would be. 15 But I think that as you go through this 16 process, what this corporation needs is some 17 tradition and some doctrine of behavior, and you 18 can't get to it unless you try to do something. 19 You will get -- 20 MR. ZITTRAIN: Thank you. 21 TAMARA: -- the reaction, and if the 22 reaction is negative, you have to change it. 23 MR. ZITTRAIN: Thank you. Dave Clark, 24 looks like. O'BRIEN & LEVINE COURT REPORTING SERVICES 127 1 MR. CLARK: Dave Clark from MIT. I've 2 been sitting listening to this, and I want to 3 offer -- 4 MS. DYSON: Mic, mic. 5 MR. CLARK: Yes, Mike? 6 MS. DYSON: Closer to the mic. 7 MR. CLARK: Okay. I want to offer a 8 hypothesis. I found myself saying members, and I 9 said, well, okay, members of what, and what are we 10 trying to accomplish? I thought about the 11 Internet as a great (inaudible) direct 12 representation. You can play all sorts of 13 experiments with a hundred million dollar -- a 14 hundred million person sort of referendum. And I 15 said no, the actual issues that we're going to 16 speak to here are very complicated and they're 17 complex and, in some cases, technical and policy 18 issues. And I began saying this is a classical 19 example of where I think you want representative 20 election of some sort, I want to elect somebody 21 who's willing to go understand these things. 22 And all of a sudden I realized that the 23 issue of membership cannot be disentangled from 24 the question of who's actually going to make O'BRIEN & LEVINE COURT REPORTING SERVICES 128 1 operation decisions. And if you actually are on 2 the board of directors in the classic example of a 3 company, you don't make operational decisions, you 4 fire the president. And there are other people 5 inside the company who do things, so there's a 6 level (inaudible) there. 7 And I want to understand whether the 8 Board feels it's something we should look at as an 9 institution that exists to fire the president or 10 whether they are actually more like the congress 11 of the United States to do (inaudible) passing 12 laws; that is to say, operational things, in which 13 case I think (inaudible) might make sense. But I 14 want to know whether you're those people. So I 15 don't think you can talk about membership and the 16 role of membership until we understand how that 17 reflects against the structure you people are 18 going to create and which people in your company 19 have responsibilities, are they operational 20 responsibilities, are they fire-the-president 21 responsibilities and how we would like to be able 22 to control that. So I think that it's premature 23 to ask what members should do, because I don't 24 think we understand the structure that you are O'BRIEN & LEVINE COURT REPORTING SERVICES 129 1 going to put in place and how we can play against 2 that. 3 MR. ZITTRAIN: Well, if I may, I think 4 you're making at least two points. One is, and it 5 was made earlier, you have to know what the 6 organization as a whole is doing before you can 7 actually define how the membership would play a 8 role in it. And secondly, more specifically, to 9 the extent that what it's doing is operational and 10 those are the decisions that require 11 accountability, you want to even say is it the 12 Board doing it, is it people appointed by the 13 Board, is it the president or people under -- 14 MR. CLARK: Right, I was just stressing 15 the second question, you know, that -- I'm -- the 16 question of how the Board is selected has a lot to 17 do with what -- the role they play versus the 18 subsidiary organizations and so forth and so on. 19 MR. ZITTRAIN: Yeah. 20 MS. DYSON: Yeah. Well, with -- yeah, 21 not everything is clear, but clearly we are more 22 than -- we will be making policy decisions; Mike 23 Roberts will be -- and his successor, as a more 24 permanent president, will be carrying out the O'BRIEN & LEVINE COURT REPORTING SERVICES 130 1 operational side of the business and making things 2 run and so forth and so on. So it really is a 3 combination. But we're an -- we are an initial 4 Board right now. That's why we're called initial. 5 It wasn't actually interim. And one reason we're 6 an initial Board is because we are initiating a 7 lot of these policies about how we are governed 8 going forward. So especially this initial Board 9 is very much concerned with defining exactly what 10 we're talking about here: Membership, 11 accountability, procedures, the structure of the 12 supporting organizations and so forth. 13 AUDIENCE: Can I just talk briefly? 14 MS. DYSON: Sure. 15 MR. ZITTRAIN: Sure, go ahead, quickly. 16 AUDIENCE: If, in fact, (inaudible) 17 that the members -- well, we have to figure out 18 what the membership organizations are here -- are 19 actually interested in not just their ability to 20 elect the Board, but their ability to elect 21 (inaudible). 22 MR. ZITTRAIN: Right. Then Amadeu at 23 the front mic. And Ben, if you can figure out how 24 to help me take "Num Lock" off, I'd very much O'BRIEN & LEVINE COURT REPORTING SERVICES 131 1 appreciate it. 2 MS. DYSON: That's an operational 3 problem. 4 AMADEU: Just before I worked for the 5 (inaudible). What I mean by that is that I take 6 exception to what Jonathan said before, that for 7 (inaudible) membership. Foundations have no 8 membership (inaudible) but they have mechanism for 9 accountability, mechanism for deciding who's in 10 the board, who could not any longer serve on the 11 board. I think that the accountability issue 12 should be (inaudible) to the membership only. The 13 first step for accountability is transparency, is 14 getting information on what happened, and this 15 should not be limited at all at definition of 16 membership. Anyone on the Internet, anyone 17 interested should be -- should have access to that 18 information. Then mechanism for, you know, 19 applying the accountability mechanism, first, 20 remember that we don't have (inaudible) membership 21 of the Board. We have the supporting 22 organizations. 23 Remember that the idea is an open 24 membership organization. Remember that everyone O'BRIEN & LEVINE COURT REPORTING SERVICES 132 1 buying or needing ID numbers should become members 2 (inaudible) structure, and we are now working 3 (inaudible) supporting organization, and we are 4 also trying to see that everybody who has an 5 interest, (inaudible) or not, will have some kind 6 of participation there. Do we need a special 7 separate participation for that? Perhaps. But 8 especially we need a separate thing for electing 9 the Board, and then, for god's sakes, also 10 initiating (inaudible) the Board members. And 11 here a solution would be (inaudible) diverse 12 geographical and diverse professional and diverse 13 interest representation, we can get a lot of 14 members. (inaudible) providing services for the 15 Internet for any users and customers and thus 16 trying to make geographical diversity. 17 And so (inaudible) about that, but 18 Japan and Australia are closer to the United 19 Kingdom, Netherlands and Spain (inaudible) is to 20 France or Cambodia is to Australia. So in this 21 case, not only geographical, but also, you know, 22 about (inaudible) countries. And then the 23 membership should be (inaudible). 24 MR. ZITTRAIN: Gotcha. All right, we O'BRIEN & LEVINE COURT REPORTING SERVICES 133 1 need the clock back, I'm told, but that by no 2 means reflects on that statement. I mean, what I 3 hear from it is, if you make membership not so 4 privileged, because anybody, whether having a 5 membership card or not, can present credentials 6 just of citizenship of the world and execute 7 certain privileges that just come from the 8 transparency provisions of the corporation, then 9 it doesn't matter so much how you define 10 membership. You say keep it simple, let the 11 membership just sort of do its job of electing and 12 sticks at that. Can we just jump to the back mic? 13 MR. CURRAN: I'm pleased to see the 14 clock. John Curran, GTE. Three very quick 15 points. The first point is that with respect to 16 the membership, is the membership being seen as a 17 revenue stream or cost-offset stream for the 18 organization? Is it possible some of the models 19 that have been proposed, like domain name holders, 20 would have us potentially with a membership that 21 we're not really talking to and (inaudible) costs, 22 actually? Is the membership something that we're 23 willing to take down costs to interact with if 24 they haven't, per se, paid membership fees? So we O'BRIEN & LEVINE COURT REPORTING SERVICES 134 1 need to know the implications either way. Is it a 2 revenue stream or is it a cost to the 3 organization? 4 Second point is very simple. With 5 respect to domain name holders, again I'll remind 6 everyone, ICANN does more than just domain name 7 policy. We have folks out there with RFCs and the 8 idea of community. When you start defining people 9 who are general members, remember that ICANN is 10 more than just a domain name world. 11 And the third one is a simple request, 12 which is that ICANN is going to be forming 13 policies or actually, in some models, ICANN will 14 be approving and adopting policies and doing 15 (inaudible) formation. But in the end, there's 16 going to be policies for identifiers. To the 17 extent that we're having discussion today and 18 we're talking about ICANN's rules or by-laws, 19 those are very distinct from policies. And I'd 20 like to keep people -- when we use the term policy 21 and policy formation, I'd like to keep that focus 22 on the mission of the organization and the 23 administration of the identifiers we're talking 24 about and not use the term policy in other parts O'BRIEN & LEVINE COURT REPORTING SERVICES 135 1 of the ICANN discussion, if possible. Simply a 2 request. 3 MR. ZITTRAIN: Which also may speak to 4 the mission of the interim board as dealing with 5 by-laws and structure of the organization, perhaps 6 less so than policy issues that might face 7 successor boards, I don't know. 8 MS. DYSON: We also will be dealing 9 with policy issues, like it or not, which is one 10 reason we want to get the membership structure and 11 the SO's moving forward quickly, so that we do not 12 do it in a vacuum. 13 MR. ZITTRAIN: At the front microphone. 14 MR. STOLSON: Hi. Ken Stolson from 15 Microtech Systems, although I'm speaking for 16 myself today. I wanted to point out that I think 17 there's some confusion among the audience as to 18 the question of power of an idea versus the 19 question of the power of a member. Usually a 20 board is responsible for the oversight and balance 21 and making sure that a good idea comes to the 22 forefront. And I would suggest that a small 23 person with a big idea, all they need is a 24 communication channel to the Board. We don't O'BRIEN & LEVINE COURT REPORTING SERVICES 136 1 trust this Board yet, necessarily, but assuming 2 that this Board does earn our trust, it's not 3 necessary to set up a membership structure where 4 the very smallest person can cause a big fuss. 5 It's the purpose of the Board to figure out what's 6 a good idea and to give it a high weight. And the 7 reason why we generally have representative 8 democracies is because a true democracy tends to 9 end up in chaos. 10 I would suggest that the purpose of 11 membership should be solely to elect the Board, 12 and we don't want to give more power to the 13 membership than that. 14 MR. ZITTRAIN: I think that's very much 15 echo Amadeu's point. Yes? At the back 16 microphone? 17 MR. GILL: John Gill representing 18 myself. On the point of electing the Board, the 19 Board appears to have sprung as a virgin birth 20 from some undisclosed deity and has been captured 21 by white males, all white males. I would like 22 to -- I would like to go back to New England 23 history, and clearly we would say if there were a 24 hundred people, we'd have a town meeting and we O'BRIEN & LEVINE COURT REPORTING SERVICES 137 1 would all know who came from where, how, and there 2 would be accountability forwards and backwards, 3 which we don't have today, because we don't know 4 where the Board came from. I would like us to 5 imagine that none of the tools we talked about are 6 adequate for a town meeting that potentially 7 involves six billion citizens of the planet. I 8 would like to challenge this audience to invent 9 the tools that would allow us to have persistent 10 structures that were well-mapped. I would like to 11 challenge the audience to create the tools that 12 would show membership as sort of a virtual real- 13 time genealogical process so we could compute 14 trust via connection and relationship. 15 And then if we had such a tool, imagine 16 we had such a tool and that we could use the 17 Internet to its fullest -- that is to say, to deal 18 as effectively as possible in (inaudible), and if 19 we could use the Internet to do, at its fullest, 20 to sponsor dialogue at the edges, not monologue at 21 the center, then I will be hard-pressed to imagine 22 such a (inaudible) process appointing this Board. 23 MR. ZITTRAIN: Great. Thank you very 24 much. O'BRIEN & LEVINE COURT REPORTING SERVICES 138 1 MR. GILL: And I would expect we would 2 look for a much richer representation of the 3 people of the world. 4 MR. ZITTRAIN: Thank you. For a non- 5 monologue from the center in the front. 6 MR. HECKENDORN: Yes. I would like to 7 speak again in favor of a broad-based membership. 8 This idea that it should be representative of 9 organizations already working in the Internet, I 10 think it's flawed. The Internet is an 11 organization -- I mean, there are -- most of the 12 people who are in business in the Internet today 13 weren't in business in the Internet three years 14 ago. And there's a very quick turnover of who are 15 the incumbents, who are the insurgents. I want a 16 mechanism where the people who come up with an 17 idea in the garage have a chance to have their 18 voice heard. And the -- 19 MR. ZITTRAIN: But are you thinking 20 that membership -- I mean, the way the Amadeu line 21 of thinking is, if all you need is the voice and 22 if it gets heard through a board -- 23 MR. HECKENDORN: It doesn't count, 24 because the core thing is electing the Board. If O'BRIEN & LEVINE COURT REPORTING SERVICES 139 1 the board's elected by, you know, Intel, 2 Microsoft, Apple and a few other players, if those 3 points of view are the only ones represented on 4 the board, then I can have my voice all I want and 5 make submissions and other things, but if I -- if, 6 at an individual level, I don't have the ability 7 to say throw the bums out, then I don't have a 8 true voice. I think -- 9 MR. ZITTRAIN: And again, your initial 10 (inaudible) on domain names as -- 11 MR. HECKENDORN: Well, that was just -- 12 MR. ZITTRAIN: Okay. If it's a 13 reiteration, maybe we should just move on. Yeah, 14 do you have a -- 15 MS. DYSON: Yeah, let me just see if 16 this is what some of these comments are driving 17 at. It's one thing to have a vote, which is very 18 important, because you can throw the bums out, you 19 can put your own new bums in representing your 20 particular interest. But separately, one thing 21 that happens in a representative democracy is, 22 before people vote, they come out and they argue 23 and they put forward positions, they try and find 24 policies that will get a lot of votes. Ideally, O'BRIEN & LEVINE COURT REPORTING SERVICES 140 1 rather than just buying the votes, they try and 2 buy them with good ideas. And so it's not simply 3 the voting, but it's the process by which this 4 happens, which is the discussion. And it may not 5 be complete if you have just the votes or if you 6 have just the discussion. 7 MR. HECKENDORN: Right. I mean, what 8 I'm saying is, you want everyone to have access to 9 discussion, but if the people who have the power 10 to elect the board are simply representatives of 11 the Internet society or the Internet engineering 12 task force or whatever, those organizations, it 13 takes a lot of time and effort to have a voice on 14 those organizations. They may be open, but you've 15 still got to go to the meetings, you still have to 16 do all that. And I want at least the broad base 17 for electing the board. 18 MR. ZITTRAIN: Okay, thank you. The 19 back microphone? 20 MR. STEFFERUD: Einar Stefferud. 21 MR. ZITTRAIN: Einar Stefferud. 22 MR. STEFFERUD: Speaking for ORSC and, 23 to some extent, myself. There are a couple of 24 points here, one that on your agenda, you showed O'BRIEN & LEVINE COURT REPORTING SERVICES 141 1 this as being accountability and membership. I 2 would suggest that membership is only a very small 3 piece of accountability, especially if it only 4 lets you deal with throwing the bums out every 5 second year. That makes a long time between the - 6 - 7 MR. ZITTRAIN: And this gets into the 8 what are the powers of membership or what are 9 the -- 10 MS. DYSON: In the third session also. 11 MR. ZITTRAIN: Yeah. 12 MR. STEFFERUD: Okay. The other point 13 I wanted to make is that in divvying up the 14 membership and assigning seats to membership 15 classes and things like that, it's very important 16 to distinguish between control of the Board and a 17 majority of the Board. If fifty percent of the 18 vote is a hundred percent of control, there's a 19 leverage problem. Okay? If the Board can meet 20 with only fifty percent of its members, then 21 twenty-five percent of the Board has control. And 22 we need to really divvy this thing up so that no 23 segment has more than twenty percent of the vote 24 of the Board so that this can't happen. O'BRIEN & LEVINE COURT REPORTING SERVICES 142 1 MR. ZITTRAIN: Thank you. Front 2 microphone? 3 MR. ROBERTS: Nigel Roberts again. 4 I've been on the board of a couple of non-profits 5 in Europe and the U.K., in fact, and the model is, 6 you have a -- you are a member of that company and 7 you elect the board and you pay a subscription, 8 whatever that subscription is. It could be five 9 pounds, it could be five hundred. Now, the 10 question is this: What is the financial model on 11 which ICANN is going to operate under and, in 12 fact, currently is operating under? Where does 13 the initial funding come from? 14 MR. ZITTRAIN: And you say this is 15 relevant because if there's not a satisfactory 16 answer to that, you can't answer the question of 17 whether members are going to be a source of 18 revenue. 19 MR. ROBERTS: Exactly. 20 MR. ZITTRAIN: Anybody want to speak to 21 that now or just keep it on the screen as a 22 question that we can have out on the record? 23 MS. DYSON: I think what we want to do 24 is have everybody talk for half a minute and then O'BRIEN & LEVINE COURT REPORTING SERVICES 143 1 have Greg sum up or, you know, ask for a consensus 2 or do whatever you want to do. 3 MR. CREW: Well, I expected this to 4 come up as one of the principals or the issues, 5 and I'm surprised it's taken so long. 6 MR. ZITTRAIN: Yeah. Okay, at the back 7 microphone, and then it does seem, giving our 8 timing, we should try to keep it down as brief as 9 possible. Go ahead. 10 MR. SNOW: Richard Snow representing 11 myself and (inaudible) Corporation. Simplicity is 12 the key thing here. We have very little time to 13 get very complex (inaudible). But what you need 14 is for everyone to agree that members are going to 15 have a very simple responsibility, which has 16 already been proposed, that's a good thing, and 17 you need to keep the whole thing to the upper or 18 to the minimum in order to for it to work. So 19 keep it simple -- 20 MS. DYSON: And short. 21 MR. SNOW: -- and short. And the other 22 thing is, there needs to be -- the core operating 23 capacity has to be stable, however it occurs, 24 whatever you have. If you have a board or you O'BRIEN & LEVINE COURT REPORTING SERVICES 144 1 have congress and you have voting members and all 2 of this stuff, you have to actually allow the 3 board to have some stability. The less common 4 relates to what Mark said, which -- 5 MR. ZITTRAIN: If you can make it in 6 ten seconds, that would be great. 7 MR. SNOW: Yeah, which is that it is 8 possible to have -- it's possible to actually have 9 this whole thing reconstitute itself at some time 10 in the future. So consider that to go along. 11 MR. ZITTRAIN: Thank you. At the front 12 microphone? Go ahead. 13 MR. SCHULTZ: Jeff Schultz, Southern 14 New England Telephone, and I'm speaking for 15 myself. I'd just like to suggest that there are 16 many ways, obviously, when you have a membership 17 that people will find both fair and not fair. I'd 18 just simply like to suggest that the Board 19 consider a parallel structure for petitioning the 20 Board for redress so that whether you are a member 21 or whether you are not a member, that there is a 22 process by which a group can force the Board to 23 pay attention. 24 MR. ZITTRAIN: Very good. The back O'BRIEN & LEVINE COURT REPORTING SERVICES 145 1 microphone? Carl. 2 MR. AUERBACK: Yes, Carl Auerback 3 again. However it gets built into the structure 4 of the organization, at least a three-class 5 structure (inaudible) that institutionalizes 6 certain special interests. And I would suggest 7 that if we have a membership organization, let's 8 at least be clear about it and merge the model 9 into one membership structure, one -- if we're 10 going to have any classes, one set of clear 11 classes rather than the structure we have right 12 now. 13 MR. ZITTRAIN: Very good, another keep- 14 it-simple comment. Simpson. 15 MR. SIMPSON: Bill Simpson, Berkman 16 Center. I'm very confused by this meeting today. 17 I came to hear from the Board. I've been hearing 18 from everybody in the audience. Clearly there is 19 something which distinguishes the Board from the 20 audience, because you guys are sitting up there. 21 But I've heard a lot from Jonathan, a little from 22 Esther and practically nothing from the other 23 members. And you are the people making the 24 decisions, and so you're the people I want to be O'BRIEN & LEVINE COURT REPORTING SERVICES 146 1 hearing from. That's all. I'd like to know just 2 what your roles have been. 3 MS. DYSON: We have encouraged all of 4 you to ask us direct questions, but at the same 5 time, we really are here to hear from you. 6 MR. SIMPSON: So this is not -- this is 7 not actually a meeting of the Board, this is a 8 hearing. 9 MS. DYSON: It's -- no, it's a friendly 10 consultation. 11 MR. SIMPSON: It's not even a hearing. 12 MR. ROBERTS: Here's a very important 13 point that needs to be brought up here. You know, 14 we're obliged by the by-laws that we've already 15 adopted to provide notice and comment on the 16 activity to -- essentially on a worldwide basis 17 for anything we do. The reason we're taking input 18 today is because we intend to observe that process 19 and we intend to give full notice of any intended 20 decisions. And we're not at all trying to be less 21 than forthright with you. We're trying to live by 22 the rules that have been urged on us over a whole 23 summer. 24 MR. ZITTRAIN: And hearing need not O'BRIEN & LEVINE COURT REPORTING SERVICES 147 1 mean just procession, if we can try to synthesize. 2 Jay? 3 MR. HAUBEN: Jay Hauben again. I think 4 some question got put on the table whether the -- 5 we're talking about a (inaudible) or an 6 electorate. I think that's a very important 7 question. I think what the Internet puts on the 8 table is whether the people of the world can be 9 (inaudible) or electorate. I think if we try 10 being electorate, I think we'll do better than if 11 we attempted to find a mechanism by which its 12 pieces can work together toward progress. I think 13 that that's the role of government. I think the 14 reason we bog down in these questions is because 15 what we're trying to do is replace government. 16 But government, in fact, has taken twenty-eight 17 hundred years to evolve to this form. We're not, 18 this week or next week or this month or in ten 19 years, going to do something better. And I think 20 by disrespecting that long process and by 21 substituting this instead of the processes of 22 government, we're making a mistake. This will be 23 very helpful to the people of the Board. 24 MR. ZITTRAIN: Thank you, an amazing O'BRIEN & LEVINE COURT REPORTING SERVICES 148 1 forty-five seconds. Please. 2 MR. AHEARN: Mike Ahearn, AIP. I 3 wanted to sort of ask a question and just bring up 4 a point about mission and broad representation. I 5 mean, if the mission of the organization is names 6 and numbers and right now names and numbers are a 7 hot-blooded issue, everyone's interested. But if 8 this organization solves the issues associated 9 with names and numbers, it ceases being a hot- 10 blooded issue, people become disinterested. And 11 there's few things more dangerous than a 12 disinterested electorate. It's very easily co- 13 opted by other sources. 14 MR. ZITTRAIN: Yeah. The back 15 microphone? You'll have to speak up. 16 AUDIENCE: Okay. ICANN is not a whole 17 government, it's a very focused organization with 18 a specific mission (inaudible) the good and bad 19 policy, nothing more. How do you reach good 20 policies? It takes long-term investment, a lot of 21 voluntary people, and this is what (inaudible) of 22 supporting organizations is for. How do you reach 23 these balanced decisions and (inaudible) decisions 24 and accountability? One of the ways is to have O'BRIEN & LEVINE COURT REPORTING SERVICES 149 1 multiple sources for the board, and also we have 2 that kind of balance in the present model. So we 3 have that kind of balance, and we have to find -- 4 what we are left with now is to define what 5 membership does and how many people to elect. I 6 think this is basically the operational mission. 7 MR. ZITTRAIN: Thank you. Front 8 microphone? 9 JOHN: I'd just like to follow up on 10 that last point in that that second tier 11 (inaudible) shouldn't be domain names, but should 12 be people who are subscribers to (inaudible), 13 individuals, e-mail addresses. 14 MR. ZITTRAIN: Anybody who uses the 15 Net. So at this point, why don't I -- 16 AUDIENCE: We've heard from the 17 audience. Can we hear from the Board about 18 (inaudible)? 19 MR. ZITTRAIN: That's what I was just 20 about to do before you asked me to do it. Why 21 don't we put it to the Board and go in whichever 22 direction you want. Maybe this time, Greg, if you 23 want to try to summarize, and then any other Board 24 members that want to react, however it's going to O'BRIEN & LEVINE COURT REPORTING SERVICES 150 1 be, it sounds like people would love to hear from 2 you. 3 MS. DYSON: Go ahead. 4 MR. CREW: Okay. Well, it's been a 5 very interesting and useful input to the Board, 6 but remembering that our task as the initial Board 7 is to work out a process by which at-large 8 (inaudible) and following the widely-expressed 9 user (inaudible) process. I think (inaudible) 10 myself at this point rather than suggest that I've 11 got a Board consensus on this. What I see at 12 ICANN is a company with a job to do, and it's -- 13 the job of the Board is to make sure that job, 14 which is the stability and (inaudible) of the 15 Internet is the responsibility of the executives 16 which this Board puts in place on behalf of the 17 Internet community. And the Board is elected as 18 stewards for the community to make sure that that 19 job gets done. 20 Directors have a traditional duty to 21 act in the best interests of all of the members 22 or, I think in the case of ICANN, all of the 23 Internet community, not just majorities. And that 24 is, I believe, part of the responsibility of the O'BRIEN & LEVINE COURT REPORTING SERVICES 151 1 directors of most company boards, finding a way to 2 do that, but they are obliged to do it. 3 I think the idea of a membership 4 process whereby people who wish to have a say in 5 who should sit on the board can do so. They -- I 6 think we need to have a process whereby they 7 register themselves so we know who has put their 8 hand up and said, "I would like to vote." And 9 membership has its obligations as well as its 10 rights. There needs to be some sort of process 11 whereby they register, they undertake certain 12 obligations, maybe identify themselves so we can 13 track who is voting, maybe pay a fee. And that 14 raises all sorts of issues of equity in a world 15 where economic capability is widely divergent. 16 So I think we need to put all this 17 together and come up with a process (inaudible) 18 the Board when we are able to sit down to do that, 19 and we are (inaudible) advisory committee to 20 advise the board, and they will be seeking 21 widespread opinions as we've been doing today. 22 And I believe that we will vote under the 23 recommendations, we will publish and seek final 24 comments on before making a decision to make sure O'BRIEN & LEVINE COURT REPORTING SERVICES 152 1 that that process is as open as possible. But my 2 (inaudible) today's meeting is to have -- you are 3 probably looking for something from the Board, a 4 recommendation, we propose to do this, which you 5 can comment on (inaudible) thank you very much, 6 this is what we do and get on with it. 7 MR. CONRADES: If I could just add to 8 it, Greg, just -- I like this idea of the 9 nominating committee that does ensure balanced 10 representation and does that under some general 11 guidelines. If you see the current -- read the 12 current by-laws, you will see not more than half 13 of the at-large directors come from one geographic 14 region, elected by a majority of votes of the at- 15 large members. Also, there are not more than two 16 supporting organizations to come from one 17 geographic regions. These regions have been 18 defined as Europe, Asia, Latin America, Africa, 19 North America. And also the boards with these 20 members would be staggered over these two-year 21 terms. So there are some ways already that have 22 been articulated to try to find some diversity in 23 this process. 24 But underneath that, which is what O'BRIEN & LEVINE COURT REPORTING SERVICES 153 1 we're really trying to deal with today, which is 2 exactly what Greg just said, you know, I believe 3 that if we have some general guidelines and ways 4 for people to be proposed and evaluated and a 5 method for some discussion and debate, that the 6 board then has to do its -- has to carry out its 7 responsibilities, which is to act and to elect, 8 and then we go on. It will never be perfect. 9 MR. TRIANA: (inaudible) the procedure 10 to permit necessary communication (inaudible) and 11 the other related conditions to (inaudible) 12 accused of discrimination, of doing something 13 (inaudible). This is a very difficult point, and 14 how to organize this (inaudible) membership. 15 MR. ZITTRAIN: Thank you. Yeah, Hans? 16 MR. KRAAIJGNBRINK: Thank you. One of 17 the important items, at least for me, is that on 18 the membership issue, we do not create a sort of 19 foggy situation in what the powers of the members 20 are. I believe -- and it was said by several 21 people -- that the most important power of 22 membership will be the election of the board 23 members. And that board will have the task, the 24 difficult task to orchestrate and listen to input O'BRIEN & LEVINE COURT REPORTING SERVICES 154 1 from the Internet community at large. Because if 2 that's the approach, the supporting organizations 3 should be the core of the policy making. And 4 everyone, as you read the by-laws, has a right to 5 ask the board for explanation and redress. So I 6 believe that we should not -- we should 7 concentrate on making sure what do the members do, 8 do they elect the board and see to it that 9 (inaudible) of the Internet community. 10 MR. ZITTRAIN: Anybody else want to say 11 anything? 12 BOARD MEMBER: I'd just like to make 13 one comment, and that is that in most of the 14 representative democracies, we have a betting 15 process, as Esther has referred it to you, where 16 someone reveals their platform and asks for your 17 vote, and then that individual, if elected, joins 18 a body that makes laws and makes policies 19 (inaudible) is responsible for some of its 20 membership actually voting on the policies. 21 If you go back to the original white- 22 paper concept, the notion was that there was going 23 to be a user organization. In fact, I think it 24 was called on in the green paper, and it invited O'BRIEN & LEVINE COURT REPORTING SERVICES 155 1 someone or somebody out there to form a new user 2 organization to be the representative body to the 3 new non-profit corporation. And as you know, that 4 didn't happen over the summer, because -- I won't 5 speculate on that, except that it seemed to be 6 that a lot of people couldn't figure out how to 7 make it work. So I personally will be interested 8 in seeing both any further comments on that as to 9 whether the feeling that -- you know, in a 10 republican form of government, the first thing you 11 do is find out -- you know, you (inaudible) to sit 12 on the body that then participates in the process. 13 MS. DYSON: I think I've said enough 14 and it's time for lunch. But we look forward to 15 getting the specific comments, to working with an 16 advisory committee on this and to try and actually 17 make something real happen. 18 MR. ZITTRAIN: We'll reconvene here at 19 1:30 p.m., and apparently there's food right 20 outside and a food court down the aisle. 21 (Whereupon a lunch recess was 22 held, resuming at 1:48 p.m.)
For additional information, please contact:
Wendy Seltzer, Ben Edelman, Alexander Macgillivray, and Antoun Nabhan.
Berkman Center for Internet & Society at Harvard Law School