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

[Angie Graves <angie@xxxxxxxxxxxx>]

Dear Anne, Mary and SCI,

I am writing to share my thoughts with the SCI as a member of both the BC
and the SCI.  If any of my thoughts expressed below conflict with Mary
Wong's pending response, I defer to her.

I am inclined to think that I am speaking for more than just myself when I
say that the SCI recognizes, too, the importance of this issue Martin has
raised, and that we would like to be able to provide answers and resolution
to the potential for abuse of voting rights.

Unfortunately, the SCI's charter directs us to consider GNSO Council
processes and procedures and Working Group guidelines that have been
identified either by the GNSO Council or a group chartered by the GNSO
Council as needing discussion (e.g. a WG).  As the Business Constituency is
one of the Constituencies within the Commercial Stakeholder Group (CSG)
referred to in Article X.5 of the ICANN bylaws, and as the BC's charter
review is not at the request of the GNSO Council, Martin's request lies
outside of the SCI's scope.

I am available to talk about this issue with Martin and/or with the BC
Charter Review Drafting Team, and maybe determine together the optimal way
forward.  My suggestion is for the SCI to recommend that Martin raise this
issue first inside the BC following the Drafting Team's completion of its
first order of business--the charter review.  In seeking BC consensus on
 the issue, requests for outside review will be thoroughly considered by
the constituency, ideas for mitigation will be collected, and the best path
forward with the issue will be determined and agreed upon by the BC
membership.

Thoughts?

Thank you,

Angie





---------- Forwarded message ----------
From: <martinsutton@xxxxxxxx>
Date: Mon, Mar 9, 2015 at 5:26 AM
Subject: RE: Request to the SCI - Vote switching
To: "Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx>
Cc: Angie Graves <angie@xxxxxxxxxxxx>, "<gnso-improvem-impl-sc@xxxxxxxxx>" <
gnso-improvem-impl-sc@xxxxxxxxx>, Julie Hedlund <julie.hedlund@xxxxxxxxx>,
Mary Wong <mary.wong@xxxxxxxxx>, Ron Andruff <randruff@xxxxxxxxxxxxxxx>


Dear Anne,

Thank you for your helpful response and suggestion - all noted.

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* <martinsutton@xxxxxxxx> Website *www.hsbc.com*
<http://www.hsbc.com/>

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




From:        "Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx>
To:        Martin C SUTTON/HGHQ/HSBC@HSBC
Cc:        'Mary Wong' <mary.wong@xxxxxxxxx>, Julie Hedlund <
julie.hedlund@xxxxxxxxx>, "<gnso-improvem-impl-sc@xxxxxxxxx>"        <
gnso-improvem-impl-sc@xxxxxxxxx>, 'Ron Andruff' <randruff@xxxxxxxxxxxxxxx>,
'Angie Graves' <angie@xxxxxxxxxxxx>
Date:        07/03/2015 22:20
Subject:        RE: Request to the SCI - Vote switching
------------------------------



Martin,
Although SCI has not met, there has been some discussion on the list
regarding your request on behalf of the BC Charter subteam.

Staff (Mary Wong) is drafting a response to your request for SCI and will
be circulating that response to SCI members for purposes of developing a
consensus on the recommended approach for BC in this fact situation.  At
present we have  no calls scheduled.  If SCI members are not in agreement
with the approach described in the draft response that staff is preparing,
we will likely need to schedule a call to discuss in more detail than
achieved to date on the list.  In this regard, you may want to alert and
brief the BC members of SCI as to this particular issue since, to my
knowledge, neither one of the BC SCI appointees has commented in the
discussion of this matter on the SCI list.
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 <520.629.4428> | (F) 520.879.4725 <520.879.4725>*
*AAikman@xxxxxxxxxx* <AAikman@xxxxxxxxxx>* | **www.LRRLaw.com*
<http://www.lrrlaw.com/>




*From:* martinsutton@xxxxxxxx [mailto:martinsutton@xxxxxxxx
<martinsutton@xxxxxxxx>]
* Sent:* Friday, March 06, 2015 9:17 AM
* To:* Aikman-Scalese, Anne
* Subject:* Re: Request to the SCI - Vote switching

Dear Anne,

As a follow-up, could you please let me know when the SCI is next due to
meet/discuss the item raised below?  I just want to manage expectations
with the BC Charter group, so an indicative time would be helpful.

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* <martinsutton@xxxxxxxx>  Website *www.hsbc.com*
<http://www.hsbc.com/>


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







From:        Martin C SUTTON/HGHQ/HSBC
To:        "Anne Aikman-Scalese" <*AAikman@xxxxxxxxxx* <AAikman@xxxxxxxxxx>>
Date:        26/02/2015 23:21
Subject:        Re: Request to the SCI - Vote switching

------------------------------




Thank you Anne, much appreciated.

Martin Sutton
Manager, Group Fraud Risk and Intelligence
Ph:  ++44 (0)20 7991 8074
Mob:  ++44 (0)777 4556680
Sent from my BlackBerry

*********************************

HSBC Holdings plc
Registered Office: 1 Canada Square, London E14 5AB, United Kingdom
Registered in England number 617987

*********************************

------------------------------

*  From: *"Aikman-Scalese, Anne" [AAikman@xxxxxxxxxx]
* Sent: *26/02/2015 20:31 GMT
* To: *Martin C SUTTON
* Subject: *RE: Request to the SCI - Vote switching


Thanks Martin. I will bring this before SCI.
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 <520.629.4428> | (F) 520.879.4725 <520.879.4725>*
*AAikman@xxxxxxxxxx* <AAikman@xxxxxxxxxx>* | **www.LRRLaw.com*
<http://www.lrrlaw.com/>








* From:* *martinsutton@xxxxxxxx* <martinsutton@xxxxxxxx> [
*mailto:martinsutton@xxxxxxxx* <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* <martinsutton@xxxxxxxx>  Website *www.hsbc.com*
<http://www.hsbc.com/>




__________________________________________________________________
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Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom
Registered in England number 617987
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