No subject

the position and the operational possibilities of the chapters.
I only have to mention what's happened and is going-on around the ITU,
WCIT, other international bodies and all those local internet governance
situations. Our ISOC mailing-lists are now permanently flooded with
issues and concerns on these situations.

When governments are making more and more international agreements
and/or local laws on internet governance, it's important that we are
able to positively and timely influence all those governments. Not only
those few and short moments internationally but especially permanent and
proactive in every country.

Strong and equipped ISOC chapters are a key condition for this. Think
together globally and act locally.



2. The (regulatory) compliance problems:

The community of our Internet Society spreads over lot's of
jurisdictions from, and in, sovereign states. Like any other
international organization ISOC has to comply to local laws and
regulations. Bylaws are directly related to this.
However many local laws and regulations are actually and potential
conflicting. It's wise to recognize this and especially the limited
ability of ISOC to handle this.

There are at least two areas of main concern:
a. The membership registration system.
b. The legal relations in-between the numerous ISOC legal entities. This
also and specially includes our members.


a. The membership registration system:

The membership registration system has many problems. Well known are the
many operational (functional, procedural and ICT) problems. The result
is that members and registrations of members are not always related
anymore. Especially the, processes and security of, mutations are out of
control and corrupting the registrations more and more.

Important in the bylaw process is that there are in several countries
very strict but different laws and regulations on registration and
handling of data about people and/or members.

Frankly I don't think ISOC is capable to handle these compliance issues
easily. This without draining lots of resources from our key target
areas. However due to the laws and risks for ISOC and it's directors &
managers it must be solved.

A solution might be, to let the chapters (by bylaw) decide what type of
registration suits best in their local legal situation. Sad for those
who loves a "one for all" solution, but best for ISOC.


b. The legal relations in-between the many, many ISOC legal entities:

The above is a good example for that international legal issues are
complex and not easy to handle. However there are many more area's what
are to be concerned. Well known are complex issues like "international
member versus chapter member" and the applicability of the bylaws when
jurisdictions and/or authorities are named.

I think that there is no easy solution, but if possible it's wise to
avoid those complicating elements like naming jurisdictions and/or
authorities and/or needless legal relations for members in the bylaws.


Thanks again for giving the opportunity to review and pointing at some
concerns we can solve.


Best regards,

Dick Kalkman

President Internet Society The Netherlands
ISOC The Netherlands Chapter

E: d.h.kalkman at isoc.nl
I: http://isoc.nl
A: Prins Willem-Alexanderhof 5
   Kamer i4.310
   2595 BE Den Haag
   The Netherlands





On 24-6-2013 14:19, Ted Mooney wrote:
> To Individual members, Chapter Delegates and Advisory Council members,
> 
> 
> After consideration of the legal  and strategic requirements of the
> Internet Society and serious analysis of the views offered by its
> members and Chapters,  the Board of Trustees (BoT) has asked the By-Laws
> Working Group to share the Board’s recommended revisions with the
> community for a final review. The purpose of this review is to ensure
> that these changes are clear and understood before the Board votes on
> their adoption rather than to entertain at this time additional
> substantive changes.  These recommendations include a number of
> important updates.  Some notable ones are:
> 
>  
> 
> •             Board composition
> 
> •             Acknowledgement of Chapters, their voting and other rights
> and responsibilities,
> 
> •             The ability of both Organization Members and Chapters to
> form advisory groups
> 
> •             The establishment of a process for Chapters to review and
> appeal de-chartering decisions
> 
> •             Conformance with the laws governing its incorporation
> 
>  
> 
> We invite you to review the attached documents. The BLWG has prepared
> two documents for ease of review,  one which shows the full text and
> where there are revisions; the other is a call-out of key issues raised
> by the ISOC community.  These documents will be presented to the
> Trustees on July 8, 2013 for the Board’s review and for iproposed
> adoption of the revised By-Laws at the July 22 meeting of the Board of
> Trustees.
> 
>  
> 
> The attached final recommendations are the product of nearly two years
> of community consultations and careful consideration and debate by the
> Trustees.  The period for substantive comment closed in January of this
> year  and all comments were thoroughly reviewed by the Board . In this
> final community review, the BLWG is open to comments only regarding
> clarity of meaning and language.  We will reflect  key the views on
> clarification /received by Wednesday, July 3/ in our July 8 report to
> the BoT.
> 
> The By-laws Working Group gratefully acknowledges the thoughtful
> consideration and willingness to engage from the Organization Members,
> Chapters and Individual Members. 
> 
> The Board of Trustees has taken community suggestions very seriously and
> Trustees have on many occasions expressed their appreciation for the
> valuable input they have received from ISOC Chapters and members.
> 
> Once again, thank for taking time to review these documents for clarity.
> 
>  
> 
> With best regards,
> 
>  
> 
> The By-laws Working Group
> 
> 
> 
> _______________________________________________
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> Chapter Portal (AMS): https://portal.isoc.org
>