[gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching

["Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx>]

Dear SCI members,

Below is a written request to SCI from a member of the Business Constituency 
Charter Review Team.  I am wondering whether this request must come officially 
from the BC in order to be considered by SCI.

Separately, in the Singapore meeting, after delivery of the SCI report, Avri 
volunteered to draft a template for GNSO requests to SCI and to prepare drafts 
for Council of the two “immediate issue” requests mentioned in the SCI report, 
that is (1) friendly amendments to motions and (2) whether or not resubmitted 
motions are eligible for waiver of the ten day advance notice for motions.  I 
understand that Avri will be reviewing draft language for these requests with 
the Council.   It may make sense for us to see a draft and provide some 
comments, but that is up to Avri.

So the questions for staff are:


1.       Do I need to tell Martin Sutton (see note below) that the request must 
be submitted by the BC itself?

2.       Where do the “friendly amendment” and “applicability of 10 day waiver 
to resubmitted motions” action items from the GNSO Council meeting in Singapore 
stand at this time?

Thank you,
Anne



[cid:image001.gif@01D051C9.7FCF9010]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: martinsutton@xxxxxxxx [mailto:martinsutton@xxxxxxxx]
Sent: Thursday, February 26, 2015 12:30 PM
To: Aikman-Scalese, Anne
Subject: Request to the SCI - Vote switching

Dear Anne,

I am a member of the Business Constituency and currently working with the BC 
Charter Review team.  During our recent discussions, we identified a potential 
issue that may affect GNSO Stakeholder Groups (SGs) and Constituencies (Cs) 
which may warrant the attention of the SCI, which I understand you currently 
chair.

With the introduction of New gTLDs, an increasing number of organisations now 
meet the criteria of membership within multiple groups, even across the 
contracting and non-contracting parties divide.  The point in question is in 
relation to the ability for a member of multiple SGs and Cs to regularly switch 
their voting rights between these groups in a tactical manner, so as to apply 
votes for elections/decisions where they may have concerns with lack of 
representation within a specific group, at a specific time. Whilst they may 
only vote in one of the SGs or Cs, there is no restriction as to when and how 
frequently they may switch their voting power between these groups.  This could 
be too flexible and potentially allow the system to be exploited.

I am pleased to say that there is no evidence that this is occurring but as new 
members continue to increase, it seems sensible to consider preventative 
measures be put in place to protect the GNSO for the future.  As an example, a 
multi-member organisation could be obliged to commit  holding it's voting 
rights within one group for a minimum term of 12 months before switching to 
another group.  Of course, this would need to be uniform across all of the SGs 
and Cs, hence, we think it is appropriate to raise this issue with the SCI for 
consideration.

I would be happy to discuss further and interested to know if you feel this 
would be appropriate and worthwhile for the SCI to assess.

Kind regards,

Martin
Martin C SUTTON
Manager, Group Fraud Risk & Intelligence
Global Security & Fraud Risk
Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom
__________________________________________________________________

Phone

+44 (0)207 991 8074

Mobile

+44 (0)777 4556680

Email

martinsutton@xxxxxxxx<mailto:martinsutton@xxxxxxxx>

Website

www.hsbc.com<http://www.hsbc.com/>



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