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

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

Thanks Mary.  Based on previous experience, I wonder whether we can actually 
respond without some kind of consensus call among SCI members.  Although Avri 
and Greg appear to agree regarding this procedural issue, there has been no 
full SCI discussion of the issue and no consensus call regarding this request.  
I think we have to be very careful, particularly after Avri's previous 
observations that decisions should not be made quickly or without thorough 
discussion.

This reply will clearly be a formal reply from SCI to a member of the Charter 
committee of the BC  - perhaps you should draft it and send out for consensus 
call?
Thank you,
Anne

[cid:image001.gif@01D058E8.80EA9AA0]

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: Mary Wong [mailto:mary.wong@xxxxxxxxx]
Sent: Monday, March 02, 2015 9:06 AM
To: Avri Doria; Aikman-Scalese, Anne; Lori Schulman
Cc: Julie Hedlund
Subject: Re: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching

Hello Anne - do let us know if you'd like staff to assist with replying to 
Martin/the BC.

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>


From: Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>>
Date: Thursday, February 26, 2015 at 22:03
To: "<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>
Subject: Re: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching

Hi,

True.
that meeting is Tuesday at 20 UTC.

avri
On 27-Feb-15 23:38, Mary Wong wrote:
Thanks again, Avri and Greg - one additional point then is that, in sending the 
request back to the BC it may be helpful to add that they can also raise the 
issue with the GNSO Review Working Party through their representatives on that 
group.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>


From: Greg Shatan <gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>>
Date: Thursday, February 26, 2015 at 23:39
To: Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>>
Cc: "<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>
Subject: Re: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching

I agree that this is not initially an SCI issue, and certainly not our issue to 
bring to the Council.

Which in no way diminishes the issue, or even my potential concerns about the 
issue. SCI is just not the first stop on the path.

On Thursday, February 26, 2015, Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>> 
wrote:
Hi,

Perhaps I could report on it to the G-council.

But that does not strike me as the correct approach, unless I am reporting it 
as something we did not take on and kicked back.  I think that if the CSG/BC 
wants this issue to be dealt with by the G-Council, it makes the most sense for 
them to make their case to the G-Council themselves.

As a member of the group it is my belief that the only correct action for the 
SCI is to send it back to the BC with an indication that the proper approach to 
the SCI is through the GNSO Council.

avri
On 27-Feb-15 10:10, Mary Wong wrote:
Thanks for the clarifications and suggestions, Avri and Greg! The GNSO Review 
topic is one that I believe will be on the agenda for either the next or 
following Council meeting. As such, perhaps Avri (as a Council member and 
Council liaison to the SCI) with staff support (as needed) can bring up this 
issue at the appropriate time? Speaking as a staffer, I feel I obliged to state 
that Greg's latter point - logical though it is - seems to raise broader 
questions concerning the appropriate scope of SG/C self-governance that go 
beyond the SCI's remit and that will most likely require consideration either 
as part of the GNSO Review or Council determination, or both.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>


From: Greg Shatan <gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>>
Date: Thursday, February 26, 2015 at 19:53
To: Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>>
Cc: "<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>
Subject: Re: [gnso-improvem-impl-sc] Re: Request to the SCI - Vote switching

This could be a good issue for the GNSO review.  However, I think an amendment 
to Section 6.2.6 of the GNSO Operating Procedures (which cover SG/C voting 
issues) would be a more elegant and consistent solution, rather than having 
each SG/C amend its own charter with its own rules regarding "carpet-baggers,"  
The inconsistent results that could arise from that can only be imagined.

Greg

On Thu, Feb 26, 2015 at 6:43 AM, Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>> 
wrote:
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<tel:%2B1%20603%20574%204892>
Email: mary.wong@xxxxxxxxx<mailto: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<tel:520.629.4428> | (F) 520.879.4725<tel: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
__________________________________________________________________

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/>



__________________________________________________________________
Protect our environment - please only print this if you have to!


________________________________
-----------------------------------------
SAVE PAPER - THINK BEFORE YOU PRINT!

This E-mail is confidential.

It may also be legally privileged. If you are not the addressee you may not 
copy,
forward, disclose or use any part of it. If you have received this message in 
error,
please delete it and all copies from your system and notify the sender 
immediately by
return E-mail.

Internet communications cannot be guaranteed to be timely secure, error or 
virus-free.
The sender does not accept liability for any errors or omissions.

________________________________

This message and any attachments are intended only for the use of the 
individual or entity to which they are addressed. If the reader of this message 
or an attachment is not the intended recipient or the employee or agent 
responsible for delivering the message or attachment to the intended recipient 
you are hereby notified that any dissemination, distribution or copying of this 
message or any attachment is strictly prohibited. If you have received this 
communication in error, please notify us immediately by replying to the sender. 
The information transmitted in this message and any attachments may be 
privileged, is intended only for the personal and confidential use of the 
intended recipients, and is covered by the Electronic Communications Privacy 
Act, 18 U.S.C. §2510-2521.



--

Gregory S. Shatan ï Abelman Frayne & Schwab

Partner | IP | Technology | Media | Internet

666 Third Avenue | New York, NY 10017-5621

Direct  212-885-9253 | Main 212-949-9022

Fax  212-949-9190 | Cell 917-816-6428

gsshatan@xxxxxxxxxxx<mailto:gsshatan@xxxxxxxxxxx>

ICANN-related: gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>

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



--

Gregory S. Shatan ï Abelman Frayne & Schwab

Partner | IP | Technology | Media | Internet

666 Third Avenue | New York, NY 10017-5621

Direct  212-885-9253 | Main 212-949-9022

Fax  212-949-9190 | Cell 917-816-6428

gsshatan@xxxxxxxxxxx<mailto:gsshatan@xxxxxxxxxxx>

ICANN-related: gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>

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



________________________________

This message and any attachments are intended only for the use of the 
individual or entity to which they are addressed. If the reader of this message 
or an attachment is not the intended recipient or the employee or agent 
responsible for delivering the message or attachment to the intended recipient 
you are hereby notified that any dissemination, distribution or copying of this 
message or any attachment is strictly prohibited. If you have received this 
communication in error, please notify us immediately by replying to the sender. 
The information transmitted in this message and any attachments may be 
privileged, is intended only for the personal and confidential use of the 
intended recipients, and is covered by the Electronic Communications Privacy 
Act, 18 U.S.C. §2510-2521.