The Diversity Criteria

["David Archbold" <david.archbold@xxxxxxx>]

Whilst on the face of it this proposal appears reasonable, it should not
be forgotten that the diversity criteria for Board selection is
intimately tied in with the whole question of ICANN's Geographical
Regions.  According to the By Laws, these should be reviewed every three
years.  The last review was due in 2006 and has not yet been completed.
At the instigation of the ccNSO, the Board passed a resolution (07/92)
on 2 Nov 07 seeking constituency input on a proposal to set up a
community-wide working group to study the issue and make recommendations
to the Board.  Indications that I have received so far are that there is
strong support for proposal.  In my view, it therefore would premature
for these NonCom sponsored amendments to be approved in advance
receiving 

 

Turning to more specific issues, the proposed wording still fails to
take into account the situation of several "overseas territories".  

 

For example, it is assumed that there is always a direct relationship
between "citizenship" and "country".  This is not always the case.  A
native of the Cayman Islands is a "British Overseas Territory Citizen"
(which is very different from being a "British Citizen").  However the
same is true for natives of the Turks and Caicos Islands, the Falkland
Islands, the British Virgin Islands, the Pitcairn Islands, etc. All have
the same citizenship although they were born and live in very different
parts of the world. 

 

Secondly, there is the misguided assumption that there is always some
fixed relationship between the filing of a tax return and a country of
domicile.  This is not always so.  Cayman is one of (albeit, few)
countries where no income tax is paid.  So, although I have been
domiciled here for 16 years, I have never filed a Cayman tax return.  On
the other hand, depending upon his sources of income and the tax rules
in his country of domicile, it is quite possible for an individual to
file a tax return in one or more countries other than his country of
residence. 

 

I am not suggesting that the By Laws should become a complex document
that tries to take all these complex citizenship and domicile variation
into account, but rather that the proposed working group be given a
chance to identify a new and simpler method of ensuring diversity.
Trying to apply a short-term patch to the current broken system just
does not work in my view, and merely further complicates an already
complex situation.  The proposed amendment does not have my support.

 

Regards,

 

Dave Archbold  

 

David A Archbold 
Managing Director 
Information & Communications Technology Authority

And .ky Domain Manager
david.archbold@xxxxxxx <mailto:david.archbold@xxxxxxx> 
www.icta.ky <http://www.icta.ky>