3.3.1 The reason for an At-Large Membership that enables participation and provides for public representation by electing the At Large Directors

The argument in favor of having an At-Large Membership of ICANN that participates in the policy process and that elects the At Large board directors is one that proceeds in steps:

• ICANN is far more than a mere technical coordination body; it makes decisions that have far-reaching public policy implications.
• For this reason and others, ICANN must possess institutional legitimacy, which requires the incorporation of the public voice in its processes. The interest of the public in the work of ICANN touches on issues of public policy that arise in matters that range across the spectrum of issues addressed by ICANN. Thus, the "public voice" is not just another Supporting Organization, but a separate perspective that needs to inform the policy work of the organization in all of its manifestations.
• This public voice will best be incorporated by the existence of an At-Large Membership, constituted of interested individual members from around the world and open to all. Creating too high a barrier to entry risks excluding those with legitimate interests in ICANN. On the other hand, a membership open to a broad community provides added legitimacy to ICANN's decisions.
• ICANN should provide this At-Large Membership with effective structures for participation and representation. Participatory processes capable of coordinating and articulating the public's diverse views inform Internet users and aggregate their energies into productive efforts, while meaningful representation in ICANN's central decision-making processes will assure that the public voice is given appropriate weight.
• Appropriate structures for participation should include the functions of a Membership Council and Secretariat responsible for facilitating interactions of At-Large Members in ICANN's activities.
• Meaningful representation is best accomplished by the direct election of At-Large Members to the ICANN Board of Directors. No other method of selection so fully and effectively links the directors to the broad membership, providing a level of input and legitimacy not attained through other forms of appointment or selection.

The importance of public participation should be recognized by ensuring the Membership a number of Board seats at least equal in number to the representation accorded other stakeholders in aggregate (currently the Supporting Organizations). Providing at least the same aggregate number of At-Large Directors as SO Directors is an appropriate balance of interests within ICANN. Because a two-thirds supermajority is required for the board to amend the by-laws, the At Large directors and the SO directors can serve as a check and balance on each other. Neither group alone would be able to amend the bylaws, so any fundamental change in governance would require some coalition of support from both groups, a protection that will ensure that the interests of the public cannot be compromised by the supporting organizations alone, or vice versa

In the final analysis, the rationale for direct elections of At-Large directors by the members of ICANN is that it will provide the clearest channel for a public voice in the decision-making process of ICANN, a voice which is required in order to give ICANN the legitimacy it needs to resolve the multiplicity of policy questions within its jurisdiction.

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