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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

This seems like a good idea to me.
 
Chuck


________________________________

        From: Metalitz, Steven [mailto:met@xxxxxxx] 
        Sent: Tuesday, April 13, 2010 6:39 PM
        To: Gomes, Chuck; Philip Sheppard; Ray Fassett
        Cc: gnso-osc@xxxxxxxxx
        Subject: RE: [gnso-osc] OSC review - GNSO procedures - section 5
statements of interest
        
        
        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/>