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

["Metalitz, Steven" <met@xxxxxxx>]

A related issue to consider:  if this system is to work as proposed,
there needs to be an authoritative, current and publicly available list
of all "entities with which ICANN has a transaction, contract, or other
arrangement (e.g. Registries, Registrars, Consultants,etc)."  Otherwise,
a person who has a "compensation arrangement" with such an entity on an
issue totally unrelated to ICANN might well be unaware that this is a
relationship which s/he is supposed to disclose.   I don't think such a
list exists today, is ICANN in a position to prepare, maintain and post
it?  
 
Steve Metalitz

________________________________

From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On
Behalf Of Gomes, Chuck
Sent: Monday, April 12, 2010 11:41 AM
To: Philip Sheppard; Ray Fassett
Cc: gnso-osc@xxxxxxxxx
Subject: RE: [gnso-osc] OSC review - GNSO procedures - section 5
statements of interest


Thanks Philip.  That is helpful.
 
Chuck


________________________________

        From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx]
On Behalf Of Philip Sheppard
        Sent: Monday, April 12, 2010 3:06 AM
        To: 'Ray Fassett'
        Cc: gnso-osc@xxxxxxxxx
        Subject: [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/>