The ICANN by-laws provide that the organization’s Board of Directors shall be comprised of “fifteen voting members (‘Directors’),” including one President, and “six non-voting liaisons (‘Liaisons’)

ICANN BOARD OF DIRECTORS SELECT= ION PROCESS

by David G. Post and Michelle E. A= rnold

The ICANN bylaws provide that the Board of Directors shall be comprised of fift= een voting directors,¹ including one pres= ident,² and six non-voting liaisons.³ Directors must be able to communicate in English,^{4 be
of strong personal character,⁵ and di=
splay
knowledge of ICANN’s mission,⁶ =
various
Internet registries (gTLD, ccTLD, IP address), and Internet protocols.^=
7}

Directors are appointed by the following organizations within ICANN (with the number = of directors for which each organization is responsible noted in parentheses):=

&= nbsp; the Nominating Committee (8),⁸

the Address Supporti= ng Organization Council (2),⁹

the Country-Code N= ames Supporting Organization Council (2),¹⁰

&= nbsp; the Generic Names Supporting Organizatio= n Council (2),¹¹ and

&= nbsp; the Board (1 President).¹²

&= nbsp;

&nbs= p; Non-voting liaisons are appointed by the followi= ng advisory committees:

= <= o:p>

= t= he ICANN At-Large Advisory Committee (1),¹³

= t= he ICANN Governmental Advisory Committee (1),¹⁴

= t= he ICANN Root Server System Advisory Committee (1),15

= t= he ICANN Security and Stability Advisory Committee (1),16

= t= he ICANN Technical Liaison Group (1),¹⁷ and

= t= he Internet Engineering Task Force (1).¹⁸

Director Appointments: The following organizations are responsible for nominating directors to the ICANN Board.

T= he ICANN Nominating Committee’s (“NomCom”) principle function is to appoint eight directors = to the Board,¹⁹ and the committee m= ust ensure that each ICANN Geographic Region (i.e. Africa, Asia/Australia/Pacif= ic, Europe Latin America/Caribbean, and North America)^20<=
/a> has at least one, and no more than five (not including the President), such Board representatives.21

NomCom is comprised of voting delegat= es (as specified) from

the ICANN At-Large Advisory Co= mmittee (5),²²

the ICANN Address Supporting Or= ganization Council (1),²³=

the ICANN Country-Code Names = Supporting Organization Council (1),²⁴⁼

&= nbsp; the ICANN Generic Names Supporting Organization

&= nbsp; &nbs= p; including

the Commercial and Business Users Constituency (2),²⁵ <= /span>

the gTLD Registrars Constituency (1),²⁶

&= nbsp; &nbs= p; &= nbsp; the gTLD Regis= try Constituency (1),²⁷

&= nbsp; &nbs= p; &= nbsp; the Intellectual Property Constituency (1),²⁸

the Internet Service and Conn= ectivity Providers Constituency (1),²⁹ an= d

&= nbsp; &nbs= p; &= nbsp; the Non-Commercial Users Constituency (1),³⁰

&= nbsp; the ICANN Technical Liaison Group (1),³¹ and

&= nbsp; the Internet Engineering Task Force<= /span> (1).³²

and one non-voting liaison from each of the following ICANN committees:<= /span>

the Governmental Advisory Committee,³³

&= nbsp; the Root Server System Advisory Committee,³⁴and

&= nbsp; the Security and Stability Advisory Committee.³⁵ &nb= sp;

NomCom delegates may not be ICANN employees or paid consultants.³⁶ They must be able to communicate in English³⁷ and evidence strong personal character,^{38<=
/sup>
knowledge of ICANN’s mission,³⁹
neutrality,⁴⁰ and substantial Intern=
et
contacts.⁴¹ The committee operates primarily via
teleconferences and email but may meet in person at ICANN conventions.^=
42}

In addition to the eight ICANN Board directors, the committee appoints repr= esentatives to other ICANN organizations as follows: the At-Large Advisory Commi= ttee (5),⁴³ the Country-Code Names Suppor= ting Organization Council (3),⁴⁴ and the Generic Names Supporting Organization Council (3).⁴⁵ To fill any position, N= omCom evaluates each candidate through interviews, references, and a Statement of Interest.= ⁴⁶

T= he ICANN Address Supporting Organization (“ASO”) advises the ICANN Board on Internet address policies.⁴⁷ Pursuant to the Memo of Understand= ing dated October 21, 2004, between ICANN and the Number Resource Organization (NRO),⁴⁸ an independent organization comprised of the five Regional Internet Registries (“RIRs”)49 (i.e. AfriNIC, APNIC, ARIN, LACNIC, RIPE = NCC),^{50 <=
/sup>the
NRO acts as the ASO for ICANN.⁵¹}

⁼The ASO is governed by the ASO Council,⁵² which is comprised of members of the NRO Council,⁵³to whom each RIR appoints three representatives= (with two members selected by each RIR’s “policy forum” and one member by each RIR board).⁵⁴ The ASO Council’s meetings take place primarily= via monthly teleconferences.⁵⁵

The ASO Council appoints two directors (from different Geographic Region= s) to the ICANN Board⁵⁶ through electr= onic plurality voting following a series of candidate interviews.⁵⁷ In addition to the director select= ion criteria provided by ICANN’s bylaws,⁵⁸ the ASO Council also requires that candidates sign a Letter of Certification stating that they are in compliance with the ICANN director requirements.59 The ASO Council also appoints one voting delegate to the ICANN Nominating Co= mmittee.⁶⁰

T= he ICANN Country-Code Names Supporting Organization (“ccNSO”) works to further universal country-code top-level domain polic= ies.⁶¹ Any ccTLD manager of an ISO 3166 country-code top-level domain⁶²may join by submitting an application to = the ccNSO Secretariat,⁶³and there are c= urrently no membership fees.⁶⁴ Present ccNSO members include, amo= ng others, .au (Australia), .br (Brazil), .cu (Cuba), .ly (Libya), .sn (Senega= l), .us (the United States), and .uk (the United Kingdom).⁶⁵ Meetings are held between one and = four times⁶⁶ per year at ICANN convention= s.⁶⁷

The organization is governed by the ccNSO Council,^=
68 which is comprised of three elected ccNSO members from each Geographic Regi= on, three ccNSO members picked by the ICANN Nominating Committee, and non-voting liaisons from the ICANN At-Large Advisory Committee, the ICANN Governmental Advisory Committee, and each ccNSO Regional Organization, if appointed.69 The ccNSOCouncil is required to meet four times per year,⁷⁰ and it appoints two directors (from different Geographic Regions) to the ICANN Board⁷¹ and one voting delegate to the ICANN Nominating Committee⁷² via a written ballot majority during meet= ings.⁷³

T= he ICANN Generic Names Supporting Organization (“GNSO”) works to further generic top-level domain policies.⁷⁴ It is governed by the GNSO Council= ,⁷⁵ which consists of three GNSO members pick= ed by the ICANN Nominating Committee and two or three appointees (from different Geographic Regions) from each of the following constituencies⁷⁶ comprising the GNSO:

The gTLD Registrars Constituency se= rves as an advocate and information liaison between gTLD Registrars and ICANN. To become a member, a registrar mu= st submit an application⁷⁷ and fee ($25= 00)⁷⁸ to ICANNand have $70,000 in w= orking capital.⁷⁹ Following approval, the registrar = must enter into an agreement with ICANN and begin payment of annual dues⁸⁰ (currently $4,000).⁸¹ In addition to its GNSO Council appointees, the gTLD Registrars Constituency appoints one voting delegate to the ICANN Nominating Committee.⁸²

The gTLD Registry Constituency acts= as an advocate and information liaison between the various gTLD Registries and IC= ANN “with particular emphasis on . . . consensus policies that relate to interoperability, technical reliability and/or stable operation of the Inte= rnet or domain name system.”⁸³ It is comprised of those gTLD Regis= tries currently under contract with ICANN who have applied for membership and continue to pay the required membership fees.^8=
4 Current membership is comprised of= both sponsored TLD members (i.e. those whose policy formation is governed by an entity other than ICANN, including .aero, .cat, .coop, .jobs, .mobi, .museu= m, .tel, and .travel),⁸⁵and unsponsore= d TLD members (i.e. those whose policy formation is done by ICANN,inc= luding .biz, .com, .info, .name, .net, .org, and .pro).⁸⁶ Meeting schedules vary from year t= o year (from five in 2005 to three in 2006),^{87
with meetings taking place primarily during ICANN conventions.⁸⁸ The
gTLD Registry Constituency appoints its GNSO Council delegates by a simple
majority vote where one member delegate is chosen by sponsored TLD members
while the other is chosen by unsponsored TLD members.⁸⁹ The constituency also appoints}one voting delegate to the ICANN Nominating Committee⁹⁰through a complex voting system where a candidate must obtain a major= ity vote from the full gTLD Registry, as well as both the sponsored and unspons= ored members.⁹¹

The = Internet Service and Connectivity Providers Constituency (“ISPCP”) functions asan interest group for Internet Service Providers (“ISPs”).⁹² Any businessmay join the ISPCP as long as it demonstrates, in its application to the ISPCP Secretari= at, that it is affected by the GNSO’s activities and that its delegates w= ill actively participate in the ISPCP.⁹³ Current members include, among othe= rs,British Telecom, Deutsche Telekom, France Telecom, Interland, and Mindspring.⁹⁴ The ISPCP acts via meetings (three = are currently scheduled for 2007) and interim teleconferences.^{95 In addition to its GNSO Council
appointees,⁹⁶ the ISPCP appoints =
one
voting delegate to the ICANN Nominating Committee.⁹⁷}

The Commercial and Business Users = Constituency (“BC”) represents e-tailers and works with ICANN to ensure that adopted polici= es promote Internet business.⁹⁸ Members= hip is open to any commercial Internet user who sends an application and the applicable membership fee to the BC Secretariat⁹⁹ and who opts-in to the BC mailing list.¹⁰⁰ Current members include, among othe= rs, Chanel, Ebay, Microsoft, the Motion Picture Association, The Walt Disney Company, Verizon, and Yahoo!.101 Meetings are held within ICANN conventions (two to four times per year),^102<=
/a> and also via teleconferences.103 The BC appoints its “two or t= hree”¹⁰⁴GNSO Council delegates¹⁰⁵through email voting¹⁰⁶ calculated on a simple majority;¹⁰⁷ however, BC members may have either one= , two, or three indivisible votes depending on membership category.¹⁰⁸ = The BC Constituency also appoints two voting delegates to the ICANN Nominati= ng Committee.¹⁰⁹=

The Non-Commerc= ial Users Constituency (“NCUC= ”) provides a voice for non-commerc= ial internet users in fields such as education, religion, human rights, and pub= lic policy.¹¹⁰ To be eligible for membership, an = organization must pursue non-commercial activities, be organized or incorporated under a not-for-profit status, have exclusive use of at least one domain name,^=
111and may not includepolitical organizations, not-for-profit organizations working to assist commercial organizations, or organizations belonging to any other ICANN Supporting Organization.¹¹² Where this criteria is met, the organization may join the NCUC by submitting an application and a membership fee ($50 for organizations with under 1000 members or 200 employees and $100 for organizations with more than 1000 members or 200 employees) to the NCUC Secretariat.¹¹³ Members presently include, among others, the American Civil Liberties Union, the American Library Association, EDUCAUSE, Open Forum of Cambodia, and PeaceNet Korea.¹¹⁴ Meetings are held several times a = year at ICANN conventions.¹¹⁵ The NCUC is governed by an Executive Committee consisting of individuals appointed by t= he constituency through online voting,¹¹⁶ and the constituency appoints its GNSO Council delegates in the same manner.¹¹⁷ = Additionally, the NCUC Executive Committee appoints one delegate to the ICANN Nominati= ng Committee¹¹⁸ through a simple majority vote.¹¹⁹

The = Intellectual Property Constituency (“I= PC”) advises ICANN about the Intellec= tual Property implications of ICANN’s policies.¹²⁰ There are various categories^{<=
/sup>of
membership,¹²¹ but any individual or
organization involved in Intellectual Property may join¹²² by filling out an application and payin=
g the
appropriate membership fee.¹²³ Members currently include, among ot=
hers,
the American Intellectual Property Law Association, the American Society of
Composers, Authors, and Publishers, Broadcast Music, Inc., the Arab Society=
of
Intellectual Property, the European Communities Trademark Association, the
Motion Picture Association of America, the Recording Industry Association of
America, and the IP Institute of Canada.¹²⁴ Meetings are held between two and e=
ight
times per year, both in person and via teleconference.125} = The IPC appoints its GNSO Council delegates¹²⁶ through a majority vote 127 by the I= PC Council,¹²⁸ which is comprised of o= ne voting participant from each Category 2¹²⁹ (national Intellectual Property organizations)¹³⁰ and Category 3¹³¹ (international Intellectual Property organizations)^{132
members. The full IPC constit=
uency appoints
one voting delegate to the ICANN Nominating Committee.¹³³}

GNSO Council meetings are held throughout the year via teleconference, and also during ICANN coventions.¹³⁴ The Council appoints two direct= ors to the ICANN Board¹³⁵ via email ba= llots.¹³⁶GTLD Registrar and Registry Council representatives each have two votes, while a= ll other members have one.¹³⁷

Advisory Committees: The following organizations are responsible for nominating non-voti= ng liaisons to the ICANN Board.

T= he ICANN At-Large Advisory Committee (&#= 8220;ALAC”) serves as an internal ICANN advocate and liaison for individual Internet us= ers.¹³⁸ = Committee members are appointed as follows: (1) five members by the ICANN Nominating Committee (each from different Geographic Regions),¹³⁹ and (2) two members from each ICANN Regional At-Large Organization (“RALO”)¹⁴⁰(i.e. AFRALO, ASIAPAC, EURALO, LAC RALO, and NARALO), each correspond= ing with and covering one ICANN Geographic Region.¹⁴¹

The RALOs act as middle-men between ICANN (throu= gh ALAC) and the individual internet user, as each RALO is comprised of independent certified organizations of individual Internet users (called At-Large Structures or “ALS”) within a particular Geographic Region.¹⁴²To form an ALS, an application is submitted to ICANN showing that the structure meets the minimum criteria for an ALS (which includes that it must: be self-supporting, agree to serve as a liaison between individual Internet us= ers and ICANN, be predominantly run by individuals within its particular Geogra= phic Region, maintain an up-to-date website, and act in tandem with the Geograph= ic Region’s Regional At-Large Organization).¹⁴³ An ALS will be certified by ICANN = it if obtains approval from two-thirds of the ICANN At-Large Advisory Committee.<= sup>144 = ALSes currently certified by ICANN include, among others, the Internet Societies = of Belgium, Finland, Italy,¹⁴⁵Morocco= , and Sudan.¹⁴⁶=

While schedules vary between RALOs, RALO meetings are currently held between one<= sup>147 and three^=
148times per year,either individually,^149<=
/a> at ICANN meetings,150 or together w= ith ALSes from other Geographic Regions.¹⁵¹

ALAC meets during ICANN conventions and also during teleconferences throughout t= he year.¹⁵²ALAC appoints one non-voti= ng liaison to the ICANN Board,¹⁵³ five = voting delegates to the ICANN Nominating Committee,¹⁵⁴ and non-voting liaisons to the ICANN Generic Names Supporting Organizati= on Council¹⁵⁵ and the ICANN Country-Co= de Names Supporting Organization.^{156 Elections are by majority vote; 157} however, an individual must receive at = least five votes to take office.¹⁵⁸

&nbs= p; The ICANN Governmental Advisory Committee = (“GAC”) represents governmental inte= rests,¹⁵⁹ particularly where ICANN’s polici= es may conflict with national or international law.^1=
60 Any national government¹⁶¹ may appoint an elected official or a public-policy-based employee as its representative on the committee.¹⁶² = Multinational and treaty organizations may also appoint representatives, but only followi= ng an invitation from the chair of the GAC.¹⁶³ To effect membership, a country or organization must simply provide the GAC Chair with the name and contact details of the selected representative.164 The GAC holds meetings three or four times per year, normally in conjunction with ICANN conventions,165 and appoints one non-voting liaison = each to the ICANN Board¹⁶⁶ and the ICANN No= minating Committee.¹⁶⁷

&nbs= p; The ICANN Root Server System Advisory Committee (“RSSAC”) advises the ICANN Board and oversees security and operation of root name servers.¹⁶⁸ Members are appointed by the ICANN Board, but also include “each operator of an authoritative root name server.”¹⁶⁹ The committeemeets approximately three times per year, normally during Internet Engineering Ta= sk Force meetings.¹⁷⁰ RSSAC appoints one non-voting l= iaison each to the ICANN Board¹⁷¹ and the = ICANN Nominating Committee.¹⁷²

&nbs= p; The ICANN Security and Stability Advisory Committee (“SSAC”) creates standardized secur= ity procedures and liaises with Internet operators to ensure that Internet “naming and address allocation systems” are so secured.¹⁷³ = The ICANN Board appoints the SSAC¹⁷⁴ from a pool of“= technicallycompetent” professionals culled from registrars, registries, and the security sector,<= sup>175 <= /sup>and SSACmeetings are he= ld at ICANN conventions.¹⁷⁶ The SSAC appoints one non-voting= liaison each to the ICANN Board¹⁷⁷ and the = ICANN Nominating Committee.¹⁷⁸

T= he ICANN Technical Liaison Group (“TLG”) “represents standards bodies”¹⁷⁹ and acts as both a watchdog and the ICA= NN Board’s technical information resource.^=
180 The TLG is comprised of the follow= ing organizations,¹⁸¹ each of which app= oints two members as TLG technical experts.^{182 =} Theseeight technical ex= perts determine between themselves which organization is best suited to answer and advise on particular questions received from the ICANN Board.¹⁸³

The European Telecommunications Standards Institute (“ETSI”) acts independently to effect European information and communication technology standards.^{184 Any organization throughout the wo=
rld
with an interest in communications standards may join ETSI¹⁸⁵by submitting an application and fee fo=
r the
requested membership tier.¹⁸⁶ Members currently include, among ot=
hers, Kenwood
Electronics Europe, Malta Standards Authority, MasterCard Europe, Radio Fra=
nce,
Renault, Siemens, Sky Interactive, and Texas Instruments.¹⁸⁷Members
may attend ETSI seminars to inform themselves of current standards and
applications¹⁸⁸ and to develop such
standards through consensus.¹⁸⁹}

The International Telecommunication Union’s Telecommunication Standardization Sector (“ITU-T”) works independently to implement international telecommunicati= ons service “technical and operating standards” through interaction between governments and private organizations.¹⁹⁰ Membership is open to scientific and industrial organizations, financial institutions, organizati= ons operating broadcasting services, states in which such broadcasting services operate, and telecommunications organizations^=
191and is obtained by submittin= g an application and fee for the requested membership tier¹⁹² to either ITU-T or the “Administration of [the] Member State.”<= sup>193 Current membership includes191 Member States¹⁹⁴ and associates such as Apple Inc., AT&T, Inc., Microsoft Corporation, a= nd Sony Corporation.¹⁹⁵ The ITU-T is further broken down i= nto a World Telecommunication Standardization Assembly, a Telecommunications Advi= sory Group, Study Groups, Focus Groups, and Regional and Flagship Groups,¹⁹⁶ which provide a full calendar of meetin= gs throughout the year.¹⁹⁷ Any ITU-T m= ember who registers may attend.¹⁹⁸

The Internet Architecture Board (“IAB”) is a thirteen-member committ= ee¹⁹⁹ appointed by²⁰⁰ and situated within the Internet Engineering Task Force²⁰¹ (“IETF”), for whom it manag= es “protocol parameter registries” and performs Internet Standards Process and architectural oversight.^{202 <=
/sup> The committee meets via conference =
call
twice a month and in-person at the IETF meetings three times a year.²⁰³}

&nbs= p; &= nbsp;

The World Wide Web Consortium (“= W3C”) is an independent, industry-based consortium focused on uniform Internet standa= rds and protocols,²⁰⁴whose operations = arecontrolled by the MIT Computer Science and Artificial Intelligence Laboratory, the European Research Consortium for Informatics and Mathematic= s, and Keio University.²⁰⁵ Membership is open to any organiza= tion whose application²⁰⁶ (and membershi= p fee as calculated by location and annual revenues)²⁰⁷ is approved and who enters into an agreement with W3C.^{208 =} Current members include, among othe= rs, Adobe Systems, Inc., the Boeing Company, Chevron, Citigroup, Merck & Co= ., Inc., Stanford University, and Xerox Corporation.²⁰⁹ T= he W3C Advisory Committee (to which all member organizations appoint one representative)²¹⁰ meets twice a ye= ar,²¹¹ while all “Working, Interest, and Coordination Groups” meet once a year.^2=
12

The TLG does not hold meetings or attempt any central governing or policy-making mechanisms.²¹³ Each year, one organization within = the TLG (through rotation)²¹⁴ appoin= ts one non-voting liaison to the ICA= NN Board²¹⁵ and one voting delegate to= the ICANN Nominating Committee.²¹⁶

T= he Internet Engineering Task Force (“IETF”) <= span style=3D'font-size:11.0pt'>is an independent organization focused on Intern= et architecture²¹⁷ and creating and re= vising Internet standards.²¹⁸ The organization is open to anyone= who wishes to take part, and, as most work is done through email groups,²¹⁹ an interested individual need only subs= cribe to a particular listserv.²²⁰ Three meetings are held per year,<= sup>221 but interested individuals must first register and pay a fee (currently approx. $600-$750).²²² Through the Internet Architecture Board,²²³ the IETF = appoints one IETF member²²⁴as a non-voting liaison to the ICANN Board²²⁵ and o= ne as a voting member of the ICANN Nominating Committee.²²⁶

An Inconsistency?

The ICANN Bylaws appear to be inconsistent with respect to the number of GNSO Council members the constituencies may appoint. Article X governs the Gener= ic Names Supporting Organization.²²⁷ Pursuan= t to Section 3, Paragraph 1, “the GNSO Council shall consist of three representatives selected by= each of the Constituencies;”²²⁸ Se= ction 5, Paragraph 1 states that the “Constituencies . . . shall each selec= t two representatives to the GNSO Council.”²²⁹

While both Sections are subject to the terms of the Bylaw Transition Article (Art= icle XX),²³⁰ the matter is not resolved = there. The Generic Names Supporting Organization is discussed in Section 5,²³¹ whose paragraph 4 provides that “[u]ntil the conclusion of the ICANN annual meeting in 2003, the GNSO Council shall consist of three representatives of each constituency.”^2=
32 The same paragraph later states that “[t]hereafter, the composition of the GNSO Council shall be as provided in the . . . Bylaws,”²³³ putting the matter back into the contradictory provisions of Article X.²³⁴⁼ Article XX, Section 5, Paragraph 8 adds further confusion by asserting that “[i]n the absence of further action on the topic by the New Board, ea= ch of the GNSO constituencies shall select two representatives to the GNSO Council.”²³⁵

Some clarity (but only “some”) may be gleaned from each constituency= ’s governing documents and / or current practices, but discrepancies remain. T= hose discrepancies are as follows (all emphasis added for the purpose of this document):

GTLD Registrars Constituency: Paragraph 3.1.3 of the gTLD Registrars Constitue= ncy Bylaws provide for “[t]wo GNSO Council Representatives.”²³⁶= However, the constituency’s page on the ICANN website lists three GNSO Council representatives currently serving.²³⁷

GTLD Registry Constituency<= /b>: Article VI, Section A of the gTLD Registries Articles of Operation detail how “[t]he two GNSO Council Representatives” are elected.^{238
Section C further provides for alternate election methods “[i]n the e=
vent
that the ICANN By-Laws, Article X, Section 5, are amended to allow three (3) representatives.”=
²³⁹While
Article X, Section 5, Paragraph 1 of the ICANN Bylaws still provides for the
election of two representative=
s,²⁴⁰ the constituency website currently list=
s three GNSO Council representative=
s currently
serving.²⁴¹}

Internet Service and Connectivity Providers Constituency: The con= stituency website lists the names of the thr= ee GNSO Council representatives presently serving.²⁴²

Commercial and Business Users Constituency: Paragraph 4.1 of = the Commercial and Business Users Constituency’s charter states “[a= ]s specified in the ICANN by-laws, tw= o or three designated representatives . . . shall be elected by members as G= NSO Council representatives.”²⁴³ = The constituency’s website currently lists three = GNSO Council representatives serving.^244<=
/o:p>

Non-Commercial Users Constituency:= Pursuant to Article V, Section B of the Non-Comm= ercial Users Constituency’s Bylaws, the constituency’s Policy Committee “shall be co-chaired by the<= /b> two Constituency Representatives = to the GNSO Council.”²⁴⁵ The constit= uency website, however, currently lists = three GNSO Council Representatives serving.²⁴⁶=

Intellectual Property Constituency= : Pursuant to Article V, Section A, Paragraph 1 of= the Intellectual Property Constituency Bylaws, “[t]hree individuals shall represent the constituency on the GNSO Council,”²⁴⁷and three such representatives are cu= rrently serving.²⁴⁸

In sum, three GNSO Council representatives are currently serving from each of the GNSO constituencies,= despite contradictions within the ICANN Bylaws and / or the constituency’s own governing documents.

FOOTNOTES

¹ ICANN Bylaws, Article VI, Section 1<= /span>

² ICANN Bylaws, Article VI, Section 2, Paragraph = 1(e)

³ ICANN Bylaws, Article VI, Section 1<= /span>

⁴ ICANN Bylaws, Article VI, Section 3, Paragraph = 6

⁵ ICANN Bylaws, Article VI, Section 3, Paragraph = 1

⁶= ICANN Bylaws, Article VI, Section 3, Paragraph 2

⁷ ICANN Bylaws, Article VI, Section 3, Paragraph = 4

⁸ ICANN Bylaws, Article VI, Section 2, Paragraph = 1(a)

⁹ ICANN Bylaws, Article VI, Section 2, Paragraph = 1(b)

¹⁰ICANN Bylaws, Article VI, Sec= tion 2, Paragraph 1(c)

¹¹ ICANN Bylaws, Article VI, Section 2, Paragraph = 1(d)

¹² ICANN Bylaws, Article XIII, Section 2

¹³ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(e)

¹⁴ ICANN Bylaws, Article VI, Section 9, Paragraph = 1(a)

¹⁵ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(b)

¹⁶ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(c)

¹⁷ ICANN Bylaws, Article VI, Section 9, Paragraph = 1(d)

¹⁸ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(f)

¹⁹ ICANN Bylaws, Article VI, Section 2, Paragraph = 1(a)

²⁰ ICANN Bylaws, Article VI, Section 5<= /span>

²¹ ICANN Bylaws, Article VI, Section 2, Paragraph = 2

²²ICANN Bylaws, Article VII, Se= ction 2, Paragraph 6

²³ICANN Bylaws, Article VII, Se= ction 2, Paragraph 8(f)

²⁴ICANN Bylaws, Article VII, Se= ction 2, Paragraph 8(c)

²⁵ICANN Bylaws, Article VII, Se= ction 2, Paragraph 7

²⁶ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(b)

²⁷ICANN Bylaws, Article VII, Se= ction 2, Paragraph 8(a)

²⁸ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(e)

²⁹ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(d)

³⁰ICANN Bylaws, Article VII, Se= ction 2, Paragraph 8(h)

³¹ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(j)

³² ICANN Bylaws, Article VII, Section 2, Paragraph= 8(i)

³³ICANN Bylaws, Article VII, Se= ction 2, Paragraph 5

³⁴ ICANN Bylaws, Article VII, Section 2, Paragraph= 3

³⁵ ICANN Bylaws, Article VII, Section 2, Paragraph= 4

³⁶ ICANN Bylaws, Article VII, Section 9=

³⁷ ICANN Bylaws, Article VII, Section 4, Paragraph= 6

³⁸ ICANN Bylaws, Article VII, Section 4, Paragraph= 1

³⁹ICANN Bylaws, Article VII, Se= ction 4, Paragraph 5

⁴⁰ ICANN Bylaws, Article VII, Section 4, Paragraph= 4

⁴¹ICANN Bylaws, Article VII, Se= ction 4, Paragraph 2

⁴² http://nomcom.icann.org/procedures-2007.html (Section B, Paragraph 6(a))

⁴³ICANN Bylaws, Article XI, Sec= tion 2, Paragraph 4(b)(ii)

⁴⁴ICANN Bylaws, Article IX, Sec= tion 3, Paragraph 1(b)

⁴⁵ ICANN Bylaws, Article X, Section 3, Paragr= aph 1

⁴⁶ http://nomcom.icann.org/procedures-2007.html (Section B, Paragraph 10)

⁴⁷ ICANN Bylaws, Article VIII, Section 1, Paragrap= h 1

⁴⁸http://aso.icann.org/do= cs/aso-mou2004.html

⁴⁹ http://www.nro.= net

⁵⁰ http://www.nro.net/statistics/index.html

⁵¹ http://aso.icann.org/docs/aso-mou2004.html (Article 1)

⁵² ICANN Bylaws, Article VIII, Section 2, Paragrap= h 1

⁵³ ICANN Bylaws, Article VIII, Section 2, Paragrap= h 1; http://aso.icann.org/do= cs/aso-mou2004.html (Article 3, Section a).

⁵⁴ http://aso.ic= ann.org/about.html

⁵⁵ http://aso.icann.org/meetings/index.html

⁵⁶ ICANN Bylaws, Article VI, Section 2, Paragraph = 1(b)

⁵⁷ http://aso.icann.org/docs/bod-selection.html (Point 7.4.5)

⁵⁸ Contained in ICANN Bylaws Article VI, Section 3=

⁵⁹ http://aso.icann.org/docs/bod-selection.html (Point 7.3)

⁶⁰ ICANN Bylaws Article VII, Section 2, Paragraph = 8(f)

⁶¹ICANN Bylaws Article IX, Sect= ion 1

⁶² http:= //ccnso.icann.org/about/

⁶³ http://ccnso.icann.org/applications/form.htm

⁶⁴http://ccnso.icann.org/applica= tions

⁶⁵ http://ccnso.= icann.org/about/members.htm

⁶⁶http://ccnso.icann.org/meetings

⁶⁷http://ccnso.icann.org/meetings; http://www.icann.org/meetings/<= o:p>

⁶⁸ ICANN Bylaws Article IX, Section 2

⁶⁹ICANN Bylaws Article IX, Sect= ion 3, Paragraph 1

⁷⁰ICANN Bylaws Article IX, Sect= ion 3, Paragraph 11

⁷¹ ICANN Bylaws Article IX, Section 3, Paragraph 9=

⁷² ICANN Bylaws Article VII, Section 2, Paragraph = 8(c)

⁷³ICANN Bylaws Article IX, Sect= ion 3, Paragraph 9

⁷⁴ ICANN Bylaws Article X, Section 1

⁷⁵ ICANN Bylaws Article X, Section 2

⁷⁶ ICANN Bylaws, Article X, Section 3, Paragraph 1=

⁷⁷ http://www.ic= ann.org/registrars/accreditation-process.htm

⁷⁸ http:= //www.icann.org/registrars/accreditation-financials.htm

⁷⁹Id.

⁸⁰ http://www.ic= ann.org/registrars/accreditation-process.htm

⁸¹ http:= //www.icann.org/registrars/accreditation-financials.htm

^=
82= ICANN Bylaws, Article VII, Section 2, Paragraph 8(b)

⁸³http://www.gtldregistries.= org/about_us/

⁸⁴ http://www.gtldreg= istries.org/about_us/articles (Article III)

⁸⁵ http://www.gtld= registries.org/about_us/membership/

⁸⁶Id.

⁸⁷ http://www.gt= ldregistries.org/events/

⁸⁸ Id.

⁸⁹ http://www.gtldreg= istries.org/about_us/articles (Article VI, Section A, Paragraphs 1 & 2)

⁹⁰ ICANN Bylaws Article VII, Section 2, Paragraph = 8(a)

⁹¹ http://www.gtldreg= istries.org/about_us/articles (Article IV, Section B)

⁹² ht= tp://www.ispcp.info/about.html

⁹³ http://www.ispcp.info/abt-memb.html

⁹⁴http://w= ww.dnso.org/constituency/ispcp/ISPCP.Members.html

⁹⁵ http://www.ispcp.info/meetings.html

⁹⁶ http://= www.dnso.org/constituency/ispcp/ISPCP.Articles.html
⁹⁷ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(d)

⁹⁸ http://www= .bizconst.org/ (Mission Statement tab)

⁹⁹ http://www= .bizconst.org/ (Join Us tab)

¹⁰⁰http://www.bizconst.org/ (Join Us tab, open application form, it says about the mailing list at the bottom of the form)

¹⁰¹ http://bizcons= t.org/ (BC Members tab)

¹⁰²http://bizconst.org/ (ICANN Meetings tab)

¹⁰³http://bizconst.org/ (Telephone Conferences tab)

¹⁰⁴ http://www= .bizconst.org/ (Charter tab, Section 4.1)

¹⁰⁵ Id.

¹⁰⁶http://www.bizconst.org/ (Charter tab, Section 5.2)

¹⁰⁷http://www.bizconst.org/ (Charter tab, Section 5.3)

¹⁰⁸ http://www= .bizconst.org/ (Charter tab, Section 5.5)

¹⁰⁹ ICANN Bylaws, Article VII, Section 2, Paragraph= 7)

¹¹⁰http://www.ncdnhc.org/

¹¹¹ http://www.ncdnhc.org/current_charter.htm (Article III, Section A)

¹¹² http://www.ncdnhc.org/current_charter.htm (Article III, Section B)

¹¹³ http://www.ncdnhc.org/NCUC-Membership.txt

¹¹⁴http://www.ncdnhc.org/members.ht= m

¹¹⁵ = http://www.ncdnhc.org/schedule.htm

¹¹⁶ http://www.ncdnhc.org/current_charter.htm (Article IV, Section B)

¹¹⁷http://www.ncdnhc.org/cu= rrent_charter.htm (Article IV, Section F)

¹¹⁸ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(h)

¹¹⁹ http://www.ncdnhc.org/current_charter.htm (Article IV, Section F)

¹²⁰ http://www.ipconstituency.org/index.htm

¹²¹ http://www.ipconstituency.org/join.htm

¹²² http://www.ipconstituency.org/bylaws.htm (Article II, Section A)

¹²³ Applications are available at http://www.ipconstituency.o= rg/join.htm (fees are on each application)

¹²⁴http://www.ipconstitu= ency.org/membership.htm

¹²⁵ http://www.ipconstituency.org/archives.htm

¹²⁶ http://www.ipconstituency.org/bylaws.htm (Article V, Section A)

¹²⁷ http://www.ipconstituency.org/bylaws.htm (Article VI, Section C)

¹²⁸http://www.ipconstituency= .org/bylaws.htm (Article III, Section B)

¹²⁹ http://www.ipconstituency.org/bylaws.htm (Article III, Section A)

¹³⁰ http://www.ip= constituency.org/join.htm

¹³¹ http://www.ipconstituency.org/bylaws.htm (Article III, Section A)

¹³²http://www.ipconstituency.org/join.= htm

¹³³ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(e)

¹³⁴ htt= p://gnso.icann.org/calendar/

¹³⁵ ICANN Bylaws, Article X, Section 3, Paragraph 6=

¹³⁶= http://gnso.icann.org/elections/election-procedures-12mar07.shtml (Article F)

¹³⁷ = http://gnso.icann.org/elections/election-procedures-12mar07.shtml (Article E)

¹³⁸http://www.icann.org/committ= ees/alac/

¹³⁹ICANN Bylaws, Article XI, Sec= tion 2, Paragraph 4(b)

¹⁴⁰ Id.

¹⁴¹ http://st.icann.org/afralo/index.cgi; http://st.icann.org/asiap= ac/index.cgi; http://st.icann.org/euralo= /index.cgi; https://st.icann.org/lac= ralo/index.cgi; https://st.icann.org/nara= lo/index.cgi

¹⁴² http:/= /alac.icann.org/framework.htm#Proposedminimumcriteria=

¹⁴³ Id.

¹⁴⁴ Id.

¹⁴⁵ https://st.icann.org/euralo/index.cgi?certified_at_large_structures

¹⁴⁶ https://st.icann.org/afralo/index.cgi

¹⁴⁷ https://st.ic= ann.org/euralo/index.cgi?previous_meetings

¹⁴⁸https://st.icann.org/asiapac/index.= cgi?meetings_and_events

¹⁴⁹ Id.

¹⁵⁰ https://= st.icann.org/euralo/index.cgi?meetings_and_events; http= s://st.icann.org/lacralo/index.cgi?meetings_and_events; https://st.icann.org/naralo/index.cgi?mee= tings_and_events

¹⁵¹ https:= //st.icann.org/afralo/index.cgi?icann_lisbon_meetings=

¹⁵² http://alac.ican.org/meetings/index-2007.htm

¹⁵³ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(e)

¹⁵⁴ICANN Bylaws, Article VII, Se= ction 2, Paragraph 6

¹⁵⁵ICANN Bylaws, Article X, Sect= ion 3, Paragraph 1

¹⁵⁶ ICANN Bylaws, Article IX, Section 3, Paragraph = 2

¹⁵⁷ http://www.alac.icann.org/frame_workwiki.htm (ALAC 2007 1.1Rev3 ALAC Internal Rules of Procedures link). Info is in Paragraph 5(j)

¹⁵⁸Id.

¹⁵⁹ ICANN Bylaws, Article XI, Section 2, Paragraph = 1(a)

¹⁶⁰http://gac= .icann.org/web/about/gac-outreach_English.htm

¹⁶¹ ICANN Bylaws, Article XI, Section 2, Paragraph = 1(b)

¹⁶² ICANN Bylaws, Article XI, Section 2, Paragraph = 1(e)

¹⁶³ ICANN Bylaws, Article XI, Section 2, Paragraph = 1(b)

¹⁶⁴ http://gac.icann.org/web/index.shtml (Operating Principles link) Article IV, Principle 17

¹⁶⁵ http://gac.icann.org= /web/meetings/index.shtml

¹⁶⁶ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(a)

¹⁶⁷ICANN Bylaws, Article VII, Se= ction 2, Paragraph 5

¹⁶⁸ICANN Bylaws, Article XI, Sec= tion 2, Paragraph 3(a)

¹⁶⁹ ICANN Bylaws, Article XI, Section 2, Paragraph = 3(b)

¹⁷⁰http://www.icann.org/committees/dns= -root/

¹⁷¹ ICANN Bylaws, Article VI, Section 9, Paragraph = 1(b)

¹⁷² ICANN Bylaws, Article VII, Section 2, Paragraph= 3

¹⁷³ICANN Bylaws, Article XI, Sec= tion 2, Paragraph 2(a), 3(a)(1)-(2), (4)

¹⁷⁴ICANN Bylaws, Article XI, Sec= tion 2, Paragraph 2(a)(5)(b)

¹⁷⁵http://gac.icann.org/web/meetings/mtg15/RioPresentations/GACSli= des/sld005.htm

¹⁷⁶http://www.enterpriseitplanet.com/networking/news/article.php/3595341

¹⁷⁷ICANN Board, Article VI, Sect= ion 9, Paragraph 1(c)

¹⁷⁸ ICANN Board, Article VII, Section 2, Paragraph = 4

¹⁷⁹ http://= public.icann.org/tig

¹⁸⁰ ICANN Bylaws, Article XI-A, Section 2, Paragrap= h 3

¹⁸¹ ICANN Bylaws, Article XI-A, Section 2, Paragrap= h 2

¹⁸²ICANN Bylaws, Article XI-A, S= ection 2, Paragraph 6

¹⁸³Id.

¹⁸⁴ htt= p://www.etsi.org/about_etsi/5_minutes/home.htm

¹⁸⁵http://www.etsi= .org/about_etsi/membership/home.htm

¹⁸⁶Id.

¹⁸⁷h= ttp://portal.etsi.org/Portal_IntegrateAppli/QueryForm.asp?Param=3D=

¹⁸⁸ http://www.etsi= .org/about_etsi/membership/home.htm

¹⁸⁹http://www.etsi.= org/about_etsi/5_minutes/home.htm

¹⁹⁰ http://www.itu.int/= ITU-T/membership/index.html

¹⁹¹ http://www.itu.= int/ITU-T/membership/join-itut.html

¹⁹²http://www.it= u.int/ITU-T/membership/join-sector.html; http://= www.itu.int/ITU-T/membership/join-associate.html

¹⁹³ http:/= /www.itu.int/ITU-Tmembership/forms/form-sector-en.pdf; http://www.itu.int/ITU-T/membership/forms= /form-assoc-en.pdf

¹⁹⁴ http://www.itu.int/members/index.html

¹⁹⁵http://www.itu.int/cgi-bin/htsh/mm/scripts/mm.lis= t?_search=3DASSOCIATES&_languageid=3D1

¹⁹⁶ http://www.itu.int/= ITU-T/membership/index.html

¹⁹⁷http:/= /www.itu.int/events/upcomingevents.asp?sector=3DITU-T=

¹⁹⁸http://www.itu.int/ITU-T/events/ind= ex.phtml

¹⁹⁹ http://www.iab.org/about/members.html

²⁰⁰ http://www.iab.org/about/description.html

²⁰¹http://www.iab.org/

²⁰² Id.

²⁰³ http://www.iab.org/about/description.html

²⁰⁴ http://www.w3.org/Consortium/Overview

²⁰⁵ http:/= /www.w3.org/Consortium

²⁰⁶ http://www.w3= .org/Consortium/join

²⁰⁷ h= ttp://www.w3.org/Consortium/fees

²⁰⁸ h= ttp://www.w3.org/Consortium/join

²⁰⁹ http://www.w3.org/Consortium/Member/List

²¹⁰http://www.w3.org/2005/= 03/Member-Agreement

²¹¹ http://www.w3.org/Consortium/meetings

²¹² Id.

²¹³ICANN Bylaws, Article XI-A, S= ection 2, Paragraph 4

²¹⁴ICANN Bylaws, Article XI-A, S= ection 2, Paragraph 7

²¹⁵ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(d)

²¹⁶ ICANN Bylaws, Article VII, Section 2, Paragraph= 8(j)

²¹⁷ h= ttp://www.ietf.org/overview.html

²¹⁸ http:/= /www.ietf.org/tao.html (Section 3)

²¹⁹http://www.ietf.org/overview.htm= l

²²⁰ https://www1.ietf.= org/mailman/listinfo/tsv-area

²²¹http://www.ietf.org/tao.html (Sec= tion 4)

²²² http://www.ietf.org/= meetings/69-reg_form.html

²²³http://www.iab.org/about= /description.html (stating “when the IETF establishes liaisons to other bodies, the IAB= is responsible for selection the liaisons”).

²²⁴ http://www.iab.org/about/charter.html

²²⁵ICANN Bylaws, Article VI, Sec= tion 9, Paragraph 1(f)

²²⁶ICANN Bylaws, Article VII, Se= ction 2, Paragraph 8(i)

²²⁷ ICANN Bylaws, Article X

²²⁸ICANN Bylaws, Article X, Section 3, Paragraph 1

²²⁹ ICANN Bylaws, Article X, Section 5, Paragraph 1

²³⁰See ICANN Bylaws, Article X, Section 3, Paragraph 1& ICANN Bylaws, Article X, Section 5, Paragraph 1

²³¹ ICANN Bylaws, Article XX, Section 5<= /span>

²³² ICANN Bylaws, Article XX, Section 5, Paragraph = 4

²³³ Id.

²³⁴ See ICANN Bylaws, Article X, Section 3, Paragra= ph 1& ICANN Bylaws, Article X, Section 5, Paragraph 1

²³⁵ ICANN Bylaws Article XX, Section 5, Paragraph 8=

²³⁶http://icannregistrars.org/RC_Bylaws

²³⁷http://gnso.icann.org/registr= ars/

²³⁸ http://www.gtldregistries.org/about_us/articles=

²³⁹Id.

²⁴⁰ ICANN Bylaws Article X, Section 5, Paragraph 1<= o:p>

²⁴¹ http://www.gtldregistries.org/about_us/

²⁴² http://www.ispcp.info/abt-gnso.html<= /span>

²⁴³ http://www= .bizconst.org/ (Charter tab on left-hand side)

²⁴⁴ http://www= .bizconst.org/ (Responsibilities tab on left-hand side)

²⁴⁵ http://www.ncdnhc.org/current_charter.htm (Article V, Section B)

²⁴⁶ h= ttp://www.ncdnhc.org/members.htm

²⁴⁷ http://www.ipconstituency.org/bylaws.htm

²⁴⁸ http://www.ipconstituency.org/officers.htm=