[NCSG-EC] Membership Approval Process Document

Mon Oct 15 08:17:37 EEST 2018

I approve, Frazi, thanks.

Kind regards,

Dr. Monika Zalnieriute

Post-Doctoral Fellow @ Melbourne Law School |

The University of Melbourne I law.unimelb.edu.au I

185 Pelham St, Carlton VIC 3053, Australia I

Visiting Fellow @ Center for Media, Data and Society I

Central European University I cmds.ceu.edu I

Representative @ Executive Committee I

Non-Commercial Stakeholder Group I ICANN I icann.org I

________________________________
From: NCSG-EC <ncsg-ec-bounces at lists.ncsg.is> on behalf of Robin Gross via NCSG-EC <ncsg-ec at lists.ncsg.is>
Sent: Monday, October 15, 2018 2:10 AM
To: farzaneh badii; NCSG EC
Subject: Re: [NCSG-EC] Membership Approval Process Document

Thanks Farzi.  I went through the document and made a few wording change suggestions, nothing substantive though.  Otherwise, it looks good to me.  Thanks.

Best,
Robin

On Oct 12, 2018, at 1:22 PM, farzaneh badii via NCSG-EC <ncsg-ec at lists.ncsg.is<mailto:ncsg-ec at lists.ncsg.is>> wrote:

Looks like no one has any objections. For the avoidance of doubt I will wait until beginning of next week before decalaring approval, I appreciate if you could weigh in positively even if it's just saying you approve.

Google Doc is here: https://docs.google.com/document/d/1vb4a7KnsDwqQlKCMkQx2y8DlykYkT2z3ODxMweGcxTE/edit<https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdocs.google.com%2Fdocument%2Fd%2F1vb4a7KnsDwqQlKCMkQx2y8DlykYkT2z3ODxMweGcxTE%2Fedit&data=02%7C01%7Cmonika.zalnieriute%40eui.eu%7Ccbd3616e4b574f77e36108d6324371e1%7Cd3f434ee643c409f94aa6db2f23545ce%7C0%7C0%7C636751662609108391&sdata=1IgFXQxDNJDQufoTuu5iQLEVFZPf5%2FI2OlOGRbZm16s%3D&reserved=0>

Members questions and answers:

2. Why is it essential for us that you protect and aim to advance the noncommercial interest in domain name policy as an NCSG and its constituencies member?

The text response had an example that members commented on :s: "If you are a member of At-Large Advisory Committee (ALAC) and Regional At-Large Organizations (RALOs), as long as you have noncommercial interest, part of the civil society, you are eligible to apply."

Tapani made the point that if we mention RALOs then we mean ISOC chapters and we should be clear. Zakir made the point that RALOs don't have to be ISOC chapters. I agree wtih Zakir, this is not only related to ISOC chapters and cover other organizations. But in a footnote I have clarified and made an example of ISOC chapters.

Again questions 2 response was challenged by Ayden and Remmy. Ayden thinks that we should delete the part that sets an example, Remmy thinks it's cumbersome and if not reworded should be dropped. the paragraph reads as:

 For example, if you have a company that uses WHOIS personal data of domain registrants to provide software for others, you are not eligible to apply for NCSG. If you do business in the digital realm but passionate about the noncommercial aspects of DNS policy, as long as the company does not directly relate to DNS, you can still apply. If you are a member of At-Large Advisory Committee (ALAC) and Regional At-Large Organizations (RALOs), as long as you have noncommercial interest and , part of the civil society, you are eligible to apply.
If you are protecting the brand owners interests over noncommercial users and uses of DNS interests, you are not eligible to apply. You can join the commercial stakeholder group, which has an intellectual property constituency and a business constituency. Such criterion does not mean NCSG is not intellectual property minded. We have intellectual property lawyers and experts as our members, but their mission is to prevent intellectual property overreach and have a balanced approach towards individual rights and commercial rights

This paragraph is specifically there to clarify and respond some of the questions we have been receiving on whether RALO and ALAC members can join NCSG or not. or what is it meant by non-commercial activities.  if someone is carrying out some commercial activity, whether they can join. I think it should be there since we keep getting asked this question and it is in line with our practice. If there are no objections I will discuss this at NCSG EC and we will see what the committee is going to decide.

3. How does the approval process work?

Tapani suggests the approval process of constituencies to be added. I added his sentence.

Remmy has commented that: We shall not loose sight of the fact that at times also our constituencies have new members first before their membership of NCSG except if we are by this review barring Constituencies from taking in members outside NCSG. Clarification please.

To clarify for Remmy: Anyone that wants to join NPOC or NCUC has to first become a member of NCSG - no one can become a member of NCUC nor NPOC without being a member of NCSG. However, joining a constituency is not compulsory and members can just be independent NCSG members without joining constituencies.

Farzaneh

On Mon, Oct 8, 2018 at 5:14 PM farzaneh badii <farzaneh.badii at gmail.com<mailto:farzaneh.badii at gmail.com>> wrote:
Dear NCSG members

Please go through the membership approval process below in the Google doc, I have tried to resolve the issues raised or provide answers to the comments. The remaining issues which I highlighted in my email to the list and responded to did not attract any response. please go through the document and see if you can approve the document as is by the end of the week.

---------- Forwarded message ---------
From: farzaneh badii <farzaneh.badii at gmail.com<mailto:farzaneh.badii at gmail.com>>
Date: Mon, Oct 1, 2018 at 5:07 PM
Subject: Membership Approval Process Document
To: NCSG List <ncsg-discuss at listserv.syr.edu<mailto:ncsg-discuss at listserv.syr.edu>>

These are the comments that we have so far received on the approval guidelines at the Google Doc: https://docs.google.com/document/d/1vb4a7KnsDwqQlKCMkQx2y8DlykYkT2z3ODxMweGcxTE/edit<https://emea01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdocs.google.com%2Fdocument%2Fd%2F1vb4a7KnsDwqQlKCMkQx2y8DlykYkT2z3ODxMweGcxTE%2Fedit&data=02%7C01%7Cmonika.zalnieriute%40eui.eu%7Ccbd3616e4b574f77e36108d6324371e1%7Cd3f434ee643c409f94aa6db2f23545ce%7C0%7C0%7C636751662609108391&sdata=1IgFXQxDNJDQufoTuu5iQLEVFZPf5%2FI2OlOGRbZm16s%3D&reserved=0>

I am going to submit this to NCSG EC, unless you find something concerning until the end of the week.

Here is how I addressed the issues that were raised by the members.

Question 2 and 3 received some substantive comments, see below:

2. Why is it essential for us that you protect and aim to advance the noncommercial interest in domain name policy as an NCSG and its constituencies member?

The text response had an example that members commented on :s: "If you are a member of At-Large Advisory Committee (ALAC) and Regional At-Large Organizations (RALOs), as long as you have noncommercial interest, part of the civil society, you are eligible to apply."

Tapani made the point that if we mention RALOs then we mean ISOC chapters and we should be clear. Zakir made the point that RALOs don't have to be ISOC chapters. I agree wtih Zakir, this is not only related to ISOC chapters and cover other organizations. But in a footnote I have clarified and made an example of ISOC chapters.

Again questions 2 response was challenged by Ayden and Remmy. Ayden thinks that we should delete the part that sets an example, Remmy thinks it's cumbersome and if not reworded should be dropped. the paragraph reads as:

 For example, if you have a company that uses WHOIS personal data of domain registrants to provide software for others, you are not eligible to apply for NCSG. If you do business in the digital realm but passionate about the noncommercial aspects of DNS policy, as long as the company does not directly relate to DNS, you can still apply. If you are a member of At-Large Advisory Committee (ALAC) and Regional At-Large Organizations (RALOs), as long as you have noncommercial interest and , part of the civil society, you are eligible to apply.
If you are protecting the brand owners interests over noncommercial users and uses of DNS interests, you are not eligible to apply. You can join the commercial stakeholder group, which has an intellectual property constituency and a business constituency. Such criterion does not mean NCSG is not intellectual property minded. We have intellectual property lawyers and experts as our members, but their mission is to prevent intellectual property overreach and have a balanced approach towards individual rights and commercial rights

This paragraph is specifically there to clarify and respond some of the questions we have been receiving on whether RALO and ALAC members can join NCSG or not. or what is it meant by non-commercial activities.  if someone is carrying out some commercial activity, whether they can join. I think it should be there since we keep getting asked this question and it is in line with our practice. If there are no objections I will discuss this at NCSG EC and we will see what the committee is going to decide.

3. How does the approval process work?

Tapani suggests the approval process of constituencies to be added. I added his sentence.

Remmy has commented that: We shall not loose sight of the fact that at times also our constituencies have new members first before their membership of NCSG except if we are by this review barring Constituencies from taking in members outside NCSG. Clarification please.

To clarify for Remmy: Anyone that wants to join NPOC or NCUC has to first become a member of NCSG - no one can become a member of NCUC nor NPOC without being a member of NCSG. However, joining a constituency is not compulsory and members can just be independent NCSG members without joining constituencies.

Farzaneh

--
Farzaneh
_______________________________________________
NCSG-EC mailing list
NCSG-EC at lists.ncsg.is<mailto:NCSG-EC at lists.ncsg.is>
https://lists.ncsg.is/mailman/listinfo/ncsg-ec

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, distribution, forwarding, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited without the express permission of the sender. If you received this communication in error, please contact the sender and delete the material from any computer.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncsg.is/pipermail/ncsg-ec/attachments/20181015/02f20600/attachment.htm>