[npoc] NPOC membership issues

[Alain Berranger <alain.berranger@xxxxxxxxx>]

Milton,

Thanks,

I have not chosen this way. The complaint has not been filed by me; it has
been made by Jim Bikoff on behalf of 3  pro bono clients, which NPOC EC
wishes to welcome in its Constituency. NPOC EC members have known for a
long time that networks that behave inclusively grow and become robust and
sustainable. This is a driving principle for NPOC.

I note that you admit that legacies beyond my control are influencing the
way you look at current NPOC membership issues. I wish that you would
express trust into the elected NPOC EC members and approve our pending and
new NPOC members. We wish to focus on the forward-looking international
growth of NPOC into developing countries. So, please relax and contribute
to NPOC's take-off by approving our members, in the same spirit that I
approve all NCUC applications (I'm at 100% approval rate since I have
joined NCSG-EC). The growth of both our Constituencies are good for NCSG
and ICANN because we have no time to waste in increasing the voice of civil
society at ICANN.

I dot not intend to guess at intent of any NPOC Applicant but wish to apply
the GNSO, NCSG and NPOC Operating Rules and Procedures.

Best, Alain

On Friday, June 22, 2012, Milton L Mueller wrote:'

>  Alain****
>
> I am surprised and a bit disappointed that you have chosen this way to try
> to advance the Bikoff application, which is obviously illegitimate. ****
>
> You are invoking the spirit of the San Jose agreement, but my recollection
> is that our meeting of the minds was made possible by your and Klaus’s
> recognition that there was in fact an attempt by trademark interests to
> infiltrate the NCSG, and that once we understood that you and Klaus
> understood that and were not OK with it, we could all relax about things
> like membership applications and start trusting each other.****
>
> ** **
>
> That trust is undermined by messages such as yours below.****
>
> ** **
>
> I do not accept your technicalities about the difference between
> participation and voting. The argument does not even work. If Bikoff wants
> to “participate” in NCSG on behalf of The Grange without voting, all The
> Grange has to do is submit an application with another official, voting
> representative. That is what Robin has been saying all along. It is very
> easy to do this. If for some reason I was ineligible to be the official
> representative of my research center, I would ask Brenden or someone else
> to do it. Apparently Bikoff is unable to do this. So is it The Grange, or
> is it Bikoff who is really making the application? I suspect that The
> Grange has no real interest in NCSG, only Bikoff does, and Bikoff is unable
> to find a SINGLE PERSON actually in the Grange’s staff or management who is
> willing to put their name forward as its representative in NCSG. ****
>
> ** **
>
> There is no distinction to be made at the point of application between
> voting and participation. We ask for who the official, voting
> representative so that we can add that person to the voting lists. That is
> the way the process works. If the Grange is unable to put anyone besides a
> voting member of the IPC forward, I think that is yet another reason to
> reject the application. ****
>
> ** **
>
> Perhaps there is something here I don’t understand. Please feel free to
> continue the dialogue if that is the case.****
>
> ** **
>
> Milton L. Mueller****
>
> Professor, Syracuse University School of Information Studies****
>
> Internet Governance Project****
>
> http://blog.internetgovernance.org ****
>
> ** **
>
> ** **
>
> ** **
>
> *From:* ec-ncsg-bounces@xxxxxxxxxxxxx [mailto:
> ec-ncsg-bounces@xxxxxxxxxxxxx] *On Behalf Of *Alain Berranger
> *Sent:* Friday, June 22, 2012 1:34 PM
> *To:* ec-ncsg@xxxxxxxxxxxxx
> *Cc:* Klaus.Stoll
> *Subject:* [EC-NCSG] Fwd: NPOC membership issues****
>
> ** **
>
> Dear ncsg-ec members,****
>
> ** **
>
> Robin has asked me to share with you for your consideration****
>
> ** **
>
> Best, Alain****
>
>
> ---------- Forwarded message ----------
> From: *Alain Berranger*
> Date: Thursday, June 21, 2012
> Subject: NPOC membership issues
> To: Robin Gross <robin@xxxxxxxxxxxxx>
> Cc: "Klaus.Stoll" <klaus.stoll@xxxxxxxxxxxxxx>, Lori Schulman <
> lori.schulman@xxxxxxxx>
>
>
> Dear Robin,****
>
> ** **
>
> The NCSG-EC needs to distinguish between "voting" and "participating".****
>
> ** **
>
> Section 6.2.6 of the GNSO Operating Rules and Procedures (ORPs) already
> limits "voting".  Section 6.2.6(d) specifically prohibits a legal or
> natural person from being a "voting" member of more than one Group. So NCSG
> simply has to apply those rules during the voting periods.****
>
> ** **
>
> However, there is no specific limitation to "participating" in the GNSO
> rules and the NCSG rules in particular clearly permit an entity to name a
> "representative" without limitation. Also,  GNSO's ORPs, Section 6.2.6(c),
> permits voting members of groups to appoint proxies to vote in their place.
> ****
>
> ** **
>
> NCSG-EC cannot make decisions based on what we think are the intentions of
> a prospective member or its representative, but on reasonable and objective
> application of ICANN rules and procedures.****
>
> ** **
>
> If you check here:
> http://gnso.icann.org/council/gnso-operating-procedures-16dec11-en.pdf ,
> you will see that Chapter 6 contains many of the applicable principles
> related to the current disagreement that Mr. Bikoff has with the way that
> the membership process is currently being applied by the NCSG-EC. Please
> refer to your exchanges with Jim for the details.****
>
> ** **
>
> Meanwhile, you probably have learned that Jim Bikoff has filed a complaint
> about this. ****
>
> ** **
>
> In the spirit of San José agreement between NPOC and NCUC, I ask you to
> bring this issue to the NCSG-EC soonest so we can review the situation and
> come to a revised decision in line with NPOC, NCSG and GNSO Rules and
> Procedures.****
>
> ** **
>
> On a more generic level re NPOC/NCSG membership, I think we have made good
> progress with the new NCSG form. I ask that you please make it an NCSG-EC
> priority in Prague to resolve the small procedurial points raised by Klaus
> in order to eliminate quickly the long list of NPOC's pending and new
> membership applications on hand. Delays have already been detrimental to
> the organic growth of NPOC and cannot be tolerated anymore.That done, we
> can resume new NPOC recruiting using the new form. But I do not wish to go
> back to NPOC Applicants to resubmit their application: Klaus is willing to
> carry out himself the workload of an additional step with the pending NPOC
> members to respond to the missing info on the new NCSG form, as if they had
> filled the new form back whenever.****
>
> ** **
>
> I think this a reasonable approach.****
>
> ** **
>
> I am looking forward to discuss and solve the specific and generic issues
> in Prague.****
>
> ** **
>
> Best and travel well, Alain****
>
> ** **
>
> On Tue, Jun 19, 2012 at 1:48 PM, Robin Gross <robin@xxxxxxxxxxxxx> wrote:*
> ***
>


>  <
>


-- 
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger