Dear Wendy: Thank you very much for your prompt reply. After consultations internally, we can confirm that there is no procedural or Bylaw-related impediment to proceeding as you suggest. However, it will be necessary for you to inform the GNSO Council of your situation and that, in particular, you will not be participating in any vote the Council takes until you take your seat after the close of the Seoul meeting. We've been asked to suggest to you that you also inform the NCUC of the situation if you have not already done so, though we are not aware of an obligation for you to do so. -----Original Message----- From: Wendy Seltzer [mailto:wendy@seltzer.com] Sent: 19 October 2009 14:26 To: John Jeffrey; Daniel Halloran; Nick Ashton-Hart; Diane Schroeder Subject: [Fwd: Bylaw-based conflict between your position on the GNSO Council and ALAC Board Liaison overlapping - ACTION NEEDED] I will defer my start on the GNSO Council until after the conclusion of the Seoul meeting. --Wendy -------- Original Message -------- Subject: Bylaw-based conflict between your position on the GNSO Council and ALAC Board Liaison overlapping - ACTION NEEDED Date: Mon, 19 Oct 2009 20:28:37 +0200 From: At-Large Staff <staff@atlarge.icann.org> Reply-To: ICANN At-Large Staff <staff@atlarge.icann.org> To: <wendy@seltzer.com> CC: <vanda@uol.com.br>, "'cheryl langdon-orr,'" <alac@atlarge-lists.icann.org>, Daniel Halloran <daniel.halloran@icann.org>, ICANN At-Large Staff <staff@atlarge.icann.org>, Diane Schroeder <diane.schroeder@icann.org> Dear Wendy, cc: Cheryl Langdon-Orr, Vanda Scartezini, ALAC Members, Daniel Halloran Esq., At-Large Secretariat I hope this finds you well. As you know, you have accepted a position on the incoming GNSO Council, which will be seated on Wednesday 28th October. At the same time, your term as ALAC Board Liaison doesn't end until 30th October. With regret, it is my duty to inform you that the Bylaws prohibit a member of the Board, including liaisons, from serving on any other AC or SO council at the same time. For further information, you may consult Article VI, s4,(2) at http://www.icann.org/en/general/bylaws.htm#VI. You will therefore need to notify the General Counsel's office of your resignation as ALAC Board Liaison, with effect on or before the time the GNSO Council meeting opens on Wednesday 28th October. As a related matter, you may wish to let the members of ALAC know which meeting you will attend, the Board or the GNSO, should Board meetings and GNSO Council meetings conflict before your GNSO Council term begins, between Saturday 24th October and the end of Tuesday, 27th. --- Regards, Nick Ashton-Hart Director for At-Large Internet Corporation for Assigned Names and Numbers, Inc. (ICANN) http://www.atlarge.icann.org Tel: +33 450 40 46 88 Mobile: +41 79 595 5468 Fax: +41 22 594 85 44 Win IM: ashtonhart@hotmail.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/ashtonhart -- Wendy Seltzer -- wendy@seltzer.org phone: +1.914.374.0613 Fellow, Silicon Flatirons Center at University of Colorado Law School Fellow, Berkman Center for Internet & Society at Harvard University http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/ https://www.torproject.org/