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
------------------------------------------------------------------------
*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
------------------------------------------------------------------------
*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