[gnso-osc] 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. 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. 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. 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"? 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. 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 _____ 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 <http://www.aim.be/> Attachment:
GNSO rules section 5.0 OSC pending 4-2010.doc
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