RE: [gnso-osc-ops] FW: OSC review - GNSO procedures - section 5 statements of interest

["Ron Andruff" <randruff@xxxxxxxxxxxxxxx>]

Ray,

 

Please see my responses below.

 

Kind regards,

 

RA

 

Ronald N. Andruff

President

 

RNA Partners, Inc.

220 Fifth Avenue

New York, New York 10001

+ 1 212 481 2820 ext. 11

 

  _____  

From: owner-gnso-osc-ops@xxxxxxxxx [mailto:owner-gnso-osc-ops@xxxxxxxxx] On
Behalf Of Ray Fassett
Sent: Tuesday, April 13, 2010 3:45 PM
To: gnso-osc-ops@xxxxxxxxx
Cc: 'Julie Hedlund'; 'Ken Bour'; 'Robert Hoggarth'
Subject: [gnso-osc-ops] FW: OSC review - GNSO procedures - section 5
statements of interest

 

FYI below from Philip relative to substantive comments at the OSC by Steve
Metalitz contained below.thoughts?

 

  _____  

From: Philip Sheppard [mailto:philip.sheppard@xxxxxx] 
Sent: Monday, April 12, 2010 3:06 AM
To: 'Ray Fassett'
Cc: gnso-osc@xxxxxxxxx
Subject: OSC review - GNSO procedures - section 5 statements of interest

 

Ray,

I would like to request that you agree and make these changes and resubmit
to the OSC.

It seems there may be some thinking through and I believe that should be at
the team level.

Please base changes on the attached.

In view of these changes the OSC should note the comment period is now
re-established to April 16.

We will target the May Council meeting now not April.

Philip

 

 

  _____  

From: Metalitz, Steven [mailto:met@xxxxxxx] 
Sent: Friday, April 09, 2010 11:47 PM
To: Philip Sheppard; gnso-osc@xxxxxxxxx
Subject: RE: [gnso-osc] Final OSC review - GNSO procedures - section 5
statements of interest

Of course my reference in the next to last paragraph should be to items 1, 4
and 5, not 1,2, and 5.  Sorry about that.  

 

 

 

  _____  

From: Metalitz, Steven 
Sent: Friday, April 09, 2010 5:39 PM
To: 'Philip Sheppard'; gnso-osc@xxxxxxxxx
Subject: RE: [gnso-osc] Final OSC review - GNSO procedures - section 5
statements of interest

I have a few concerns about this document.  

 

First, I suggest that "investment interest" be defined to exclude ownership
of a de minimis number of shares in a publicly traded company.  Otherwise,
anyone who neglected to mention (or perhaps even to know) that s/he owned a
share of Microsoft, Google (both accredited registrars) or Verisign (among
others) might run afoul of section 5.3.3.3.i.    [RA] AGREED 

 

Second,  we need to recognize that there will be circumstances in which a
requirement (under section 5.3.3.3.ii) to disclose that (for example) a
lawyer represents Google in a matter totally unrelated to anything in the
ICANN purview could present a problem or at least a considerable delay in
getting permission to disclose the representation.  I suppose these could be
treated as an "extenuating circumstance" under 5.5.1 and I do not have an
amendment to propose at this point but just wanted to flag the problem.
[RA] AGREED it is covered under 5.5.1

 

Third, the requirement to disclose "potential ... investment interest in  or
compensation arrangement with...." contracted parties (section 5.3.3.3.iii)
will need to be administered in a common-sense manner.  Potentially, almost
anything could happen.  A potential that is concrete and imminent ought to
be distinguished from the broader range of potential occurrences.  I hope we
can assume common sense but that assumption is not always well founded.
[RA] AGREED we cannot have an answer for every potentiality.  Let's go with
what we've got and look to common sense.

 

Fourth, is the reference to "nomination/selection as a work team member" in
section 5.3.3.5.v still relevant now that participation in many of the GNSO
entities is completely self-selected, with no other nomination or selection
process?  Shouldn't this be changed to "participation"?  [RA] AGREED

 

Fifth, I believe the reference to "Declarations of Interest" in section
5.2.1 should be changed to "Disclosures of Interest" which is the term used
throughout the rest of the document.  [RA] AGREED

 

In view of where this stands in the process,  I won't press the second or
third point above, but ask that the simple amendments proposed in 1, 2, and
5 above be made before the document is passed to the Council. I have also
asked my constituency leadership for any further input they can provide by
the Sunday deadline. 

 

In my defense, I will note that the deadline for comments on this document
was the 16th until it was accelerated today to the 11th.   I would love to
have the luxury of attending to these documents as soon as I receive them
but the nature of the ICANN public comment decathlon does not permit that
and I have no choice but to deal with these roughly in the order of their
impending deadlines.   

 

Steve Metalitz

 

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From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On Behalf
Of Philip Sheppard
Sent: Friday, April 09, 2010 5:05 AM
To: gnso-osc@xxxxxxxxx
Subject: [gnso-osc] Final OSC review - GNSO procedures - section 5
statements of interest

Dear OSC members,

in view of Council's deadline for their next meeting and the absence of
further comments from the OSC I am bringing forward the end of our review
period to 11 April.

 

Please find attached a proposed final OSC approved version of the GCOT teams
work on section 5 of the GNSO operating procedures manual dealing with
statements of interest.

The final version includes the OSC clarifications proposed by Philip and
Chuck.

 

In the absence of a chorus of disapproval I will submit the attached to
Council on Monday 12 April.

 

Philip

OSC Chair

 

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