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Date:    Mon, 28 Sep 1998 19:14:31 -0700
From:    Jon Postel <postel&#167;ISI.EDU>
To:      iana-announce&#167;ISI.EDU
cc:      postel&#167;ISI.EDU
Subject: New IANA Bylaws -- the fifth version


                                                    28 September 1998

The Fifth version of the Articles and Bylaws for a New Organization
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Today, we are posting version five of the proposed documents that will
be used to incorporate a new entity that will have the responsibilities
described in the White Paper issued by the United States Department of
Commerce on June 5, 1998. A tremendous amount of effort has gone into
this drafting process, and we are truly appreciative of the work of so
many throughout the world. Thank you for heeding the call of the White
Paper.

A large number of comments were received in response to the September
17th version of the Articles and Bylaws (the fourth version). These
comments and suggestions -- from many individuals, business
organizations, and other groups, such as the Electronic Frontier
Foundation (EFF), the International Chamber of Commerce (ICC), Rseaux
IP Europens Network Coordination Center (RIPE NCC), the Boston Working
Group, Council of European National Top level domain Registries
(CENTR), the Internet Architecture Board (IAB), the European Community
Panel of Participants, Commercial Internet Exchange (CIX), and American
Registry for Internet Numbers (ARIN), and both national governments and
multinational organizations -- have been comprehensive and useful in
the effort to identify a true community consensus.

Now is the time to complete the challenge put forth by the White Paper:
to produce a global consensus non-profit corporation to take on the
administrative and coordination responsibility for the management of
Internet names and addresses. We expect to be able to present such a
proposal to the United States Government by the White Paper's deadline,
September 30, 1998.

Significant changes from the fourth version are identified in the
"Comments" immediately following the relevant portion of the document.
The most significant changes are the deletion of two provisions in
Article IV -- Sections 1 (d) and (e). Both of these were new to the
fourth version, and generated considerable comment, almost universally
negative. To clarify what perhaps was a misperception with respect to
1(d), the language was never intended to create any new obligations;
however given the serious concerns raised, it has been deleted. Section
1(e) was intended to provide protection against inappropriate behavior
by the new organization; many who commented raised questions about its
imprecision and unpredictable effect, and thus it seems inappropriate
for consensus bylaws and more appropriate for consideration by the new
organization.

A number of comments were received relating to the language in Article
V, Section 6, that limits the number of Directors residing in any
single geographic region to no more than half of the At Large Directors
and no more than two of the three Directors selected by the Supporting
Organizations. In general, the comments from outside North America
favored a lower ceiling, such as one third, while others favored the
current approach or no limits at all. While admittedly the current
formulation is far from perfect, it appears to be the language that
attracts the broadest consensus support. Therefore, the limits
contained in the previous draft have been retained, as has the language
calling for a review of this provision at least every three years.

The fact that these documents are being issued by IANA, and not jointly
with NSI, should not be misinterpreted. NSI is actively engaged in the
final negotiations with the United States Government over the
transition of its contractual relationship with the United States
Government. That is, understandably, its highest priority at the
moment. Given the shortness of time, it was not possible to wait for
the conclusion of those negotiations to release these new drafts. Many
of the changes contained in these new drafts have been discussed with
NSI, as they have been with many other stakeholders, but NSI bears no
responsibility for these changes.

Although the phase of initiating this new organization is coming to a
conclusion, when the organization is incorporated, there will be much
more work to do in developing the supporting organizations and
councils.  We hope that there will be as much dedication entrusted into
these efforts as was present over the last several months.

The White Paper presented a very difficult challange -- to create a
global consensus organization. Many people have worked very hard to
make this possible through their participation in various meetings,
mailing list discussions, and other comments. Through this process the
global Internet community has proven that it can come together and act
responsibly and effectively. We can all be proud of what has been done;
we have been able to take the first steps of a long journey in true
Internet fashion -- through working together to form a consensus
organization.

Please send comments to comments&#167;iana.org

- --jon.

		See: http://www.iana.org/description3.html

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