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RE: [pdp-pcceg-feb06] statement of interest update for Marilyn Cade, gNSO Councilor/rep to PDP-FEB06

  • To: "Marilyn Cade" <marilynscade@xxxxxxxxxxx>, <pdp-pcceg-feb06@xxxxxxxxxxxxxx>
  • Subject: RE: [pdp-pcceg-feb06] statement of interest update for Marilyn Cade, gNSO Councilor/rep to PDP-FEB06
  • From: "David W. Maher" <dmaher@xxxxxxx>
  • Date: Mon, 27 Mar 2006 17:48:54 -0600

Dear Marilyn:
Again, I appreciate your efforts to be more forthcoming about your statement of interest.
Again also, the amended statement now on file, and the additional information you have provided in this message, is not sufficient to qualify you for participation in the PDP Feb06 Taskforce.
We are entitled to know the names of the clients who are paying you to advance their causes. This is the information provided by all other participants who have submitted statements.
I will continue to oppose your further participation until the information is made public.

At 05:04 PM 3/27/2006, Marilyn Cade wrote:

Dear Colleagues

I updated my Interest Statement to try to provide some updated detail. I am
happy to tell any of you directly, and anyone who wants to speak to me, who
my clients are, however, I have not put the names of the clients in the
Interest Statement.

Last year, as I was retiring from AT&T, and engaged in founding my business,
I had an initial discussion with John Jeffrey about guidance for the gNSO
Council, and specifically, for a services/consulting business regarding
"conflicts", and the rules under which the Board operate on declaring
interests, and conflicts. At that point, informally, in discussions within
the Council, there was a sort of dialogue about the need to have processes
and guidance for the Council on conflicts, when it comes to voting, and not
voting, and the Council hasn't completed that, as you may be aware from your
elected constituency members. But the idea of using "Interest Statements"
was an outgrowth, and so we are all trying to provide those statements.
There are no guidelines, as you may be aware. I guess it's pretty clear that
there are no guidelines, given the diversity of detail.

I see a lot more detail for instance in my Statement than in several others
who mention the name of a company that they are employed for, but really
don't describe the interests... I had thought that we were trying to use the
statement of interests as just that.

Now to the question that you have raised about my listing the names of
clients on a public list. I understand that the Board doesn't actually do
that disclosure on public lists, but provides that list to a committee. It
is really time for the Council to appoint a sub committee, or perhaps use
the Board's committee to provide a list of potential conflicts to, which is
different from a statement of interest, of course.

I have stated in my statement of interest that I do not have a conflict of
interest with ICANN and noted that I have two clients who have interest in
single letter names that are presently on reserve. I have stated that
several times in the Council; advised the General Counsel of ICANN, spoken
about this advisory role at the public forums. I have also described in
detail the other work that I do.

So, as regards the issues of "conflicts", I suggest that it is really time
for John Jeffrey to meet with the Council and discuss the difference between
statements of interest and conflicts of interest.  We need to address the
latter as it comes to voting on items, as well, and that is probably
actually in need of some priority attention.  I am not suggesting that we
can conclude the discussion with John at this meeting, but would ask that
John join the Council at our meeting for a dialogue on conflicts and perhaps
we can decide on how to develop a process to guide the members of Council,
and the members of Task Forces, on Statements of Interest, and on how to
address Conflicts of Interest.

Marilyn Cade

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