RE: [bc-gnso] CSG charter and knock-on effects to BC charter

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

Sarah, I am only trying to get information to the List on this important
topic.  I am concerned of the Charter getting hijacked by a small group of
members meeting together, when there was a long debate about it last summer
on the List.  There were 18 versions of the Charter and ultimately a vote of
Members to approve it.  I disagree that it was intended as an interim
Charter, other than to incorporate changes to coordinate with a CSG charter.


I further disagree that there is anything in the newly enacted GNSO Council
procedural rules that require any substantial change to the BC charter.
They are linked here:
http://gnso.icann.org/council/gnso-op-procedures-05aug10-en.pdf.  Please
specify any that you see.

Instead, at least Mikey seems to want to redo debate over virtually every
substantial issue in the Charter, repeated below.  You say that's a "good
start" and list 4 other areas.  So I am concerned, and I want to know what
specific proposals for change are 1) required in any sense; and 2) otherwise
proposed by any Member, and why.  I think it is best and reasonable for
Members to have that information far in advance of any member meeting at
which they will be discussed.

[Mikey's List]

-- membership -- whether/how consultants and new-gTLD-applicants fit in our
membership focus.  

-- disclosure -- whether consultants/lawyers/etc. needed to disclose their
clients and the interests of those clients (we've got a new framework from
the GNSO to incorporate into this one)

-- Credentials Committee -- processes for members to appeal if their
application is denied, and processes for disciplining members  

-- GNSO Council representatives -- the "each constituency elects 2"
structure was an interim thing awaiting decisions further up the food-chain

-- Executive Committee -- this charter created the Executive Committee and
their roles out of thin air, so there well may be a number of tweaks that
need to be applied based on experience

-- Finance and Policy Committees -- again, created from whole cloth.
experience may be a good teacher here as well.

-- Policy-development process -- thresholds for adopting policy positions,
process, etc.

-- role and supervision of the Secretariat -- this was substantially
changed, again experience may be a good teacher

-- standards of behavior -- a very tough issue that may be informed by
subsequent work of various players

-- the level of accountability, authority and responsibility that apply to
(and between) Council reps, Excom members and the constituency -- this one
clearly needs work and clarification

[Sarah's addition]
-- provisions about term limits, transparency, financial accountability and
record keeping, voting remedies, etc.

Thanks,
Mike

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com


-----Original Message-----
From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Deutsch, Sarah B
Sent: Monday, September 27, 2010 9:47 AM
To: 'icann@xxxxxxxxxxxxxx'; 'bc - GNSO list'
Subject: RE: [bc-gnso] CSG charter and knock-on effects to BC charter

The deadline to amend the CSG Charter is approaching, but unfortunately
there has been no drafting since then.  We discussed the Charter in
Brussels, and the CSG reps met in Brussels, but we have not heard back from
the other Constituency reps and we obviously need to move this along.  That
is one reason why we are slating a discussion of this topic at the upcoming
DC meeting.  We need to begin that drafting process to meet the Board's
deadline.  You are more than welcome to attend in person or by phone and
hear all the details for yourself.  It may also be helpful to review the
attached Powerpoint presentation, which I gave at the Brussels meeting
covering many of the issues that will need to be decided in the CSG drafting
process.

Soon after we tackle the CSG Charter, we need to turn to the process of
amending the BC Charter.  You both seem to be of the opinion that the BC
Charter doesn't need updating, but it's my understanding that the GNSO
Structural Improvements Mike and Zahid voted to approve now require changes
to the Charter.  It certainly seems more than transparent that we will be
discussing this issue in some detail at the upcoming BC meeting.  All BC
members are encouraged to discuss what additional changes they want or don't
want to see since this will be a collective effort. The list Mikey provided
along with the additional list of issues I provided in my earlier response
are a good start.  

Rather than lobbing out continued accusations of non-transparency or
imagined conspiracy theories, I would urge you both to participate in these
two efforts going forward.  Any BC member can also call me directly rather
than burdening the list with continued barbs.

Sarah

-----Original Message-----
From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Mike Rodenbaugh
Sent: Monday, September 27, 2010 11:45 AM
To: 'bc - GNSO list'
Subject: RE: [bc-gnso] CSG charter and knock-on effects to BC charter


+1

As a member of the BC ExComm, I also have been asking these questions, and
have no answer.  This despite six months of Charter drafting and debate last
year.  Yet the rest of the ExComm has voted to have an in-person meeting in
two weeks, where this is to be a major topic of discussion?

Transparency is severely lacking.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com

-----Original Message-----
From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Philip Sheppard
Sent: Monday, September 27, 2010 12:40 AM
To: 'bc - GNSO list'
Subject: [bc-gnso] CSG charter and knock-on effects to BC charter



Sarah,
to be clear my comment on experience was not about the experience of the
current members of the ex comm, but the aggregate experience we have as a
constituency in using the new Charter. There are already issues in Mikey's
list that were safeguards placed into the BC Charter which directly
addressed issues that the previous Charter did not. Some of these - actually
most of these- have simply not been tested yet.
---------------------------------

Nevertheless, I repeat that as a BC member I to date have NOT been informed
of the detail of changes planned to either Charter and I'd like to know what
they are please.

Philip