I will see who from NCUC is attending Lisbon this time - in view of the packed policy schedule of the Tuesday meeting though I would suggest that we simply extend that meeting from 1800 - 1900 if the NCUC are amenable to meeting during that time.

It is important to say, though, that the ALAC's admission of applicants and the criteria which it uses to decide admission actually do not have anything to do with NCUC or any other constituency - and vice versa. If they were meant to do so the Bylaws would provide for that to be the case, and they do not. As has been pointed out, those who qualify for membership in both are entirely welcome at present to join them both if they wish to do so so - as a result of which there cannot be any competition for members. That would only be possible if membership in one constituency precluded membership in the other.

As to you second very good point, the larger context is important as you say - however, the larger context is a shifting sand with the advent of the ALAC review. Addressing the functions and and positions of the two constituencies is important, but is an entirely separate issue from deciding on written criteria for evaluating membership applications for THIS constituency, since, again, organisations are free to join both.

To remind everyone of the current situation, we have an ALS applicant (Telecommunities Canada) who is waiting on a decision on their application, which is more overdue every day, and that decision is waiting on ALAC concluding review of the proposal, subject to amendments of course, on how to evaluate applications for At-Large especially in certain circumstances. The decision also affects another application, Communica.ch, which is of long standing based upon the very same issues.

These larger questions you reference are important, but if you do not deal with the question at hand pretty quickly, then the likelihood of another Ombudsman investigation of ALS applications is a real possibility.

On 21/03/07, Izumi AIZU <iza@anr.org> wrote:
I agree with Wendy that NCUC and ALAC should cooperate and supplement, not compete. With that in mind, I propose to have a join ALAC - NCUC meeting in Lisbon which we used to have at every ICANN meeting. The best timing would be on Tuesday, during our second ALAC meeting, for say 60 minutes. Either from around 5 pm, or after we conclude our business.

Given LSE report, ALS application issues, and coming ALAC review, etc, I thinkg it's important to address the functions and positions of these two committee/consituency and also larger civil society/user participation at ICANN process - for not only ALC, but also for ALS/RALOs.

Many thanks,

izumi


2007/3/6, Wendy Seltzer <wendy@seltzer.com >:
(moving discussion to public list, since guidelines are linked publicly)

Interesting, but plainly different from what we've been operating under
to date.  Your second criterion would not be my interpretation of the
Bylaws' command that ALSs be "established in such a way that
participation by individual Internet users ... will predominate in the
operation of each At-Large Structure."

Given that this is the only place individuals are recognized as
participants, I'd hate to water down their voices even more by putting
them in contention with organizations.  Further, I'd rather see ALAC and
NCUC cooperating than competing for members.  I think it's right for us
to suggest that orgs-of-orgs join the NCUC.

--Wendy


Nick Ashton-Hart wrote:
> Dear Committee:
>
> I'm happy to be able to get this to you now - sorry for the delay but I thought
> it would be important that it be very solid from a legal perspective.
>
> It is attached to the agenda page now too
>
>
>
> ------------------------------------------------------------------------
>
>
>
> --
> Regards,
>
> Nick Ashton-Hart
> Director, At-Large
> ICANN
> PO Box 32160
> London N4 2XY
> United Kingdom
--
Wendy Seltzer -- wendy@seltzer.org
Visiting Assistant Professor of Law, Brooklyn Law School
Fellow, Berkman Center for Internet & Society
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/

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--
                      >> Izumi Aizu <<

             Institute for HyperNetwork Society
             Kumon Center, Tama University
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--
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Nick Ashton-Hart
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