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

[Avri Doria <avri@xxxxxxx>]

Hi,

Thanks Mary for your reply.  I want to add one thing, any such
consideration more likely belongs in the GNSO Review as that is the
group looking at how we organize our corner of bottom-up multistakeolder
activities.  Stakeholder group charters are approved by the Board as
'negotiated' between the SIC and the SGs.  Constituencies are approved
in a process defined by the SIC complemented by conditions defined in
the SG charter.  I do agree that there is complexity in dealing with the
issue of a large corporation with many divisions, subsidiaries,
employees, goals and business lines having only a vote in only one SG. 
Conveniently this may be the right time to get such considerations put
on the table for the GNSO Review.

On a technicality.  we have specific rules about who has standing to
present cases to the SCI. 

> For items that are submitted for review 'on request', the SCI expects
> to receive detailed input from the group affected by the
> process/operational change concerned. Either the GNSO Council or a
> group chartered by the GNSO Council can make such requests. 

The first line refers, obliquely to the template Anne refered to and the
staff is working on. Mary, thanks for the update.

The second line refers to the issue of standing to submit such a
template to the SCI.  We actually had the specific discussion on whether
SG and C had standing.  As the SCI charter indicates we decided that
they did not and they needed to bring issues in  through the GNSO
Council.  I am sure we would all agree that the SG/C are not chartered
by the GNSO Council.

thanks
avri

On 27-Feb-15 07:05, Mary Wong wrote:
> Hello Anne and everyone,
>
> As an integral part of the bottom up consensus model, issues of voting
> and membership in each Stakeholder Group and Constituency are
> determined by their respective charters. Each SG or C develops and
> approves its own charter (as appropriate) and the Bylaws merely
> provide that the Board can review a group’s charter periodically. It
> therefore follows that the GNSO Operating Procedures do not provide
> for the review, amendment or approval of an SG’s or C’s charter by a
> body other than that particular SG/C. The GNSO Operating Procedures
> do, however, prescribe certain common standards to be followed by each
> SG and C in its charter and operations, such as transparency,
> accountability, inclusiveness and representation. Accordingly, the
> Operating Procedures also specify that a group member’s voting rights
> must be spelled out clearly in the group’s charter, and that a legal
> or natural person may not be a voting member of more than one group. 
>
> In line with the above-noted principles, the issue that Martin raises
> would seem to be something that the SGs and Cs will need to work out
> for and amongst themselves. As such, we suggest that the BC leadership
> consider initiating a discussion with other SG/C leaders on this
> point, to see if this is a matter that warrants either a revision of
> or addition to each group’s charter. In addition, the BC itself may
> internally wish to propose such an update to its own charter, which it
> is of course at liberty to do as part of its ongoing self-governance
> (regardless of whether other SG/Cs wish to revise their own charters
> in the same way).
>
> As to your second question, staff has begun working on the action
> items noted in Singapore,, as we offered to do, and we will shortly be
> providing Avri with the basic template that she can use to present the
> topic to the GNSO Council for its consideration. At the moment, I do
> not know if it will be on the Council’s agenda for its March meeting,
> as that will depend on the Council chairs’ determination as to urgency
> and deadlines of other projects and topics. I expect that if it does
> not make it on to the agenda for the March meeting, it will likely be
> on the list for inclusion at the next one.
>
> I hope this helps!
>
> Cheers
> Mary
>
> Mary Wong
> Senior Policy Director
> Internet Corporation for Assigned Names & Numbers (ICANN)
> Telephone: +1 603 574 4892
> Email: mary.wong@xxxxxxxxx
>
>
> From: <Aikman-Scalese>, Anne <AAikman@xxxxxxxxxx
> <mailto:AAikman@xxxxxxxxxx>>
> Date: Thursday, February 26, 2015 at 15:42
> To: "<gnso-improvem-impl-sc@xxxxxxxxx
> <mailto:gnso-improvem-impl-sc@xxxxxxxxx>>"
> <gnso-improvem-impl-sc@xxxxxxxxx <mailto:gnso-improvem-impl-sc@xxxxxxxxx>>
> Cc: Mary Wong <mary.wong@xxxxxxxxx <mailto:mary.wong@xxxxxxxxx>>,
> Julie Hedlund <julie.hedlund@xxxxxxxxx
> <mailto:julie.hedlund@xxxxxxxxx>>, 'Avri Doria' <avri@xxxxxxx
> <mailto:avri@xxxxxxx>>
> Subject: FW: Request to the SCI - Vote switching
>
>     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
>
>      
>
>      
>
>      
>
>     **
>
>       
>
>     *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>
>     [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
>
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