RE: [bc-gnso] BC charter v19

["Fares, David" <DFares@xxxxxxxxxxxx>]

Colleagues,

I am still working through the Charter.  Regarding solidarity though, I suggest 
that we rephrase the language to ensure that when a member is representing the 
BC that they are faithful to approved BC positions..  I am not sure that we 
need the more in-depth language.

Thanks,
David

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Zahid Jamil
Sent: Monday, October 26, 2009 6:54 PM
To: 'Deutsch, Sarah B'; 'Marilyn Cade'; 'Philip Sheppard'; 'bc - GNSO list'
Subject: RE: [bc-gnso] BC charter v19

I would like to propose some alternative language in regards the following:

7.5. Solidarity
Whenever a member speaks publicly within or to the ICANN community meetings and 
indicates to others that they are a Constituency member, it is likely that 
their view, statement or conduct may be interpreted by the ICANN community to 
be a Constituency approved position.  As such, members are expected, when 
communicating on such occasions to ensure that their statement(s) and conduct 
do not undermine, prejudice or detract from an approved Constituency 
position(s).  This will not affect a member's right to communicate their own 
view, if distinct from an approved Constituency position(s) by clarifying that 
such a statement may differ from and does not reflect the approved Constituency 
position.  Members of the Executive Committee are required to support approved 
constituency positions at all times. Both Members and Executive Committee 
Members may communicate dissent to a Constituency position providing they make 
it clear they are communicating in their personal capacity.



10. Privacy of personal data
The Executive Committee, Secretariat, committees and members of the 
Constituency will ensure privacy of member's and/or their representatives' 
personal or personally identifiable data, and in particular shall not deal with 
such data in a manner beyond what is necessary for the purposes for which it 
was originally collected.  Members may also decide to make such additional 
aspects of their data available for disclosure and may consent to any such 
disclosure by waiving such privacy requirements.

[Maybe we could list/identify what sort of data we are targeting even if don't 
necessarily put it into the draft it may help with explaining to all us members 
what we mean.]





Sincerely,

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
www.jamilandjamil.com<http://www.jamilandjamil.com/>

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From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Deutsch, Sarah B
Sent: Tuesday, October 27, 2009 2:43 AM
To: Marilyn Cade; Philip Sheppard; bc - GNSO list
Subject: RE: [bc-gnso] BC charter v19

I concur that the idea of a one year term should be given serious 
consideration.  The IPC has followed this model and it works well.

I see that the overly broad "solidarity" language still remains in the draft.  
Despite suggestions to try to figure how how more accurately the language to 
situations where members are speaking publicly to the ICANN community, the 
language remains unchanged.   As Marilyn notes correctly below, instead of 
drafting solidarity language that actually explains what the problem is and how 
to implement it in a narrow manner, the draft goes in the opposite direction by 
allowing executive committee members a carve out from BC positions when they 
speak in their personal capacity.  If anyone has an obligation to adhere to the 
"solidarity" principle without the opportunity to give mixed messages publicly 
or privately, it should be executive committee members.

Finally, I note that the troubling privacy language remains in the draft 
unchanged.  No one has answered the fundamental question of whether ordinary BC 
members will be gaining access to personally identifiable or sensitive personal 
information (and what information that is) and how ordinary BC members are 
allegedly "processing" such information. Other BC members can weigh in, but we 
do not want to have any access to sensitive personal information as part of our 
BC membership.  As mentioned earlier, requiring compliance with "prevailing 
privacy laws" is meaningless since such laws differ signficantly depending on 
jurisdiction.  At a minimum ONLY the Secretariat and Exec Committee Members 
should be subject to this language assuming they may have access to sensitive 
personal information.


Sarah

Sarah B. Deutsch
Vice President & Associate General Counsel
Verizon Communications
Phone: 703-351-3044
Fax: 703-351-3670
sarah.b.deutsch@xxxxxxxxxxx


________________________________
From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Marilyn Cade
Sent: Monday, October 26, 2009 1:25 AM
To: Philip Sheppard; bc - GNSO list
Subject: RE: [bc-gnso] BC charter v19

Philip, thanks.
a few initial comments, and then I'll read through again and flag any areas for 
the BC members of concern to me.

I appreciate that you have now been able to incorporate some of my comments in 
this version.
However, I had asked to have a specially designated elected member as the 
primary CSG rep, and I'd like that added into the list of elected positions.  
There seems clear merit to distributing work, and avoiding conflicts of 
interests by putting too many roles into a single party, or small number of 
individuals. Spreading work, makes lighter work loads, as we all know. It does 
mean that coordination are important, of course.

A change that I feel strongly about is that the officers should have only one 
year terms, with a term limit of no more than three yaers.  That is what the 
IPC does, and it seems prudent to move to one year terms.

In 4.8, we need to make the description consistent within the body of the 
section to secretariat services, rather than continue to use the term 
"Secretariat", since the members haven't supported a continuation of a retained 
position, and the approach being proposed will allow flexibility to either use 
contracted services or services from ICANN.

I see that this now proposes that executive committee members need not adhere 
to the BC position. This goes too far. If one is an elected officer, then one 
has a duty to adhere to the BC position. Can we discuss when you would envision 
an executive committee member 'acting in their individual capacity'? That might 
clear up the confusion for me on that one.

I see that this charter is continuing to propose a list administrator. I'm not 
sure that is a separate function from 'secretariat services'. We want to avoid 
creating someone who is the 'email police', who has to make judgements about 
other members communications; I don't see that function in other constituencies 
-- and suggest that we simply have principled approaches to efficient 
communications.

We can briefly discuss the CSG representative at the huddle this p.m.

Marilyn




> Date: Mon, 26 Oct 2009 05:27:20 +0100
> Subject: [bc-gnso] BC charter v19
> From: philip.sheppard@xxxxxx
> To: bc-gnso@xxxxxxxxx
>
>
> I attach the latest version for discussion.
> I believe we are nearly there.
> It factors in the majority of clarifying redrafts that have been suggested
> with the exception of redrafts that replaced current charter text that was
> to date unaltered.
>
> I will pull out those few remaining bigger changes that have been proposed
> for discussion at the BC meeting in Seoul.
>
> Philip
>


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