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

["Ron Andruff" <randruff@xxxxxxxxxxxxxxx>]

I, too, support this idea Steve.  I suggest that this recommendation come
from the OSC to the GNSO.  Your thoughts, Philip?

 

RA

 

Ronald N. Andruff

President

 

RNA Partners, Inc.

220 Fifth Avenue

New York, New York 10001

+ 1 212 481 2820 ext. 11

 

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From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On Behalf
Of Gomes, Chuck
Sent: Wednesday, April 14, 2010 5:52 PM
To: Metalitz, Steven; Philip Sheppard; Ray Fassett
Cc: gnso-osc@xxxxxxxxx
Subject: RE: [gnso-osc] OSC review - GNSO procedures - section 5 statements
of interest

 

This seems like a good idea to me.

 

Chuck

 


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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

 


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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

 


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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

 

 


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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

 


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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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