Regarding the conflicts question, senior US government employees are subject to several post-employment conflict of interest policies.  As you will see from the list, nothing prohibits an individual from working on an issue that they worked on as a government employee.  Rather, they are precluded from representing a third party before the government - i.e., exploiting their relationship with former colleagues. 

 

1.      Permanent restriction on any former employee's representations to United States concerning particular matter in which the employee participated personally and substantially.

2.      Two-year restriction on any former employee's representations to United States concerning particular matter for which the employee had official responsibility.

3.      One-year restriction on any former employee's representations, aid, or advice concerning ongoing trade or treaty negotiation.

4.      One-year restriction on any former senior employee's representations to former agency concerning any matter, regardless of prior involvement

5.      Two-year restriction on any former very senior employee's representations to former agency or certain officials concerning any matter, regardless of prior involvement.

6.      One-year restriction on any former senior or very senior employee's representations on behalf of, or aid or advice to, foreign entity.

7.      One-year restriction on any former private sector assignee under the Information Technology Exchange Program representing, aiding, counseling or assisting in representing in connection with any contract with former agency

 

 http://www.usoge.gov/laws_regs/regulations/5cfr2641.aspx

 

There are, of course, prohibitions about conflicts of interest while serving as a government employee.  Those won't quite work in an organization like ICANN, but for information, here is the link.

 

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e62a2086dab40719f9b70b63a58695eb&rgn=div5&view=text&node=5:3.0.10.10.9&idno=5#5:3.0.10.10.9.4.50.2

 

 

J. Beckwith Burr | WilmerHale

1875 Pennsylvania Avenue NW

Washington, DC 20006 USA

+1 202 663 6695 (t)

+1 202 663 6363 (f)

becky.burr@wilmerhale.com


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From: owner-ccnso-council@icann.org [mailto:owner-ccnso-council@icann.org] On Behalf Of Gabriella Schittek
Sent: Thursday, August 18, 2011 11:00 AM
To: ccnso-council@icann.org
Subject: FW: [ccnso-council] Preparation Material Council Call 23 August 12.00 UTC

 

Dear Councillors,

I just posted the email below to the Council email list. As it contains a lot of attachments you may not have received it – if so, please, let me know and I’ll re-send the attachments to you one by one!

Gabi


------ Forwarded Message
From: Gabriella Schittek <gabriella.schittek@icann.org>
Date: Thu, 18 Aug 2011 07:53:53 -0700
To: "ccnso-council@icann.org" <ccnso-council@icann.org>
Subject: [ccnso-council] Preparation Material Council Call 23 August 12.00 UTC

Updated Agenda – See Attachment 1.

The updated agenda will also be published at ccnso.icann.org/calendar
1. Confirmation of Approval of Minutes and Actions council meeting 22 June 2011

See attachment 2

2. High-level de-Briefing on ccNSO Related Activities

- Chair
- Vice-chairs
- Councillors

3. Work Plan Update

See attachment 3, 4, 5

4. Approval of Timelines and Appointment of Election Manager (Gabriella Schittek) for:
 
a.     Council Election Process.

Following councillors need to step down:

Vika Mpisane  (AF region)
Young-Eum Lee (AP region)
Juhani Juselius (EU region)
Patricio Poblete (LAC region)
Byron Holland (North American region)


All are eligible for re-election
 
Suggested Timeline:

                23 August: Appointment of Election manager; approve timeline


26 August: Call for Nomination ccNSO Council;

16 September: Closure of nomination period

23 September: Acceptance of nomination by candidates; announcement of list of nominees; if two ore more: announcement that election needed

If elections needed:

30 September: Publication list of electorate; Campaign period starts

7 October: Campaign period ends; ballots issued to members of voting electorate

21 October: Voting closes

28 October: Results announced (again, this is according to the guidelines, but I announce the results earlier).

If ties:

4 November: Run of election in Region

11 November: Voting closes

               14 November: Results announced




b.      Board Member Selection Process.



Mike Silber’s term as Board member is up at the June 2012 meeting. He is eligible for re-election.


Suggested Timeline:

                23 August: Appointment of Election manager; approve timeline


15 September: Call for nominations & secondments

6 October: Closure of nomination period

13 October: Acceptance of nomination by candidates; announcement of list of nominees; if two or more: announcement that election needed

If elections needed:

25 October: Mission statement of candidates; public Q&A at ccNSO meeting

10 November: Call for votes, send out ballots

24 November: Closure of voting

1 December (latest): Inform about results (this is according to the guidelines, but I normally inform about the results straight after the closure and submit an election report.




5. Metrics GNSO Working Group

Participation of ccNSO in process to develop consumer metrics.

See attachment 6


6. JIG Working Group Motion on Charter Extension.

The JIG WG has created a Work plan. The GNSO has extended the mandate of the JIG until 2012 accordingly.
 
Decision needed: extension of charter of the JIG WG.

Extension mandate JIG WG
 
Background
The Joint ccNSO/GNSO IDN Working Group (JIG) was created by adoption of the charter by the ccNSO (http://ccnso.icann.org/workinggroups/jiwg-charter.pdf) and the GNSO (http://gnso.icann.org/resolutions/#200907).
 
Both the IDN ccTLD Fast Track Implementation Plan and the new gTLD process have been approved by the Board of Directors, bringing into effect condition in the charter of the WG that upon adoption of either the IDN ccTLD overall policy or the new gTLD process by the ICANN Board of Directors, the WG will be closed, unless both the ccNSO and GNSO Council extend the duration of the JIG WG.
 
Upon its creation the JIG identified 3 issues of common interest: 1. Single Character IDN TLDs;  2. IDN Variant TLDs; and,  3. Universal Acceptance of IDN TLDs.
 
The JIG has delivered a first report on Item 1 “Implementation of Single Character IDN TLD” to the ccNSO council and the GNSO council on date, which was adopted by both the GNSO Council and the ccNSO Council and delivered to the ICANN Board on May 11, 2011. At the request of the ICANN Board ICANN staff is looking into possible implementation issues and has sought clarification from the JIG and SSAC.
 
At its meeting in Singapore the ccNSO extended the mandate of the JIG until 23 August, requesting a high-level work plan and schedule.
The JIG WG proposed the following target timeline for completion of the remaining items of common interest:
            • 2011 Jul/Aug: Stocktaking & Development Initial Report for #3 (Public comments Sep 2011)
            • 2011 Sep/Oct: Completion of Initial Report for #2 (Public comments Nov 2011)
            • 2011 Nov/Dec: Completion of Draft Final Report for #2 (Public comments Feb/Mar 2012)
            • 2012 Jan/Feb: Completion of Draft Final Report for #3 (Public comments Feb/Mar 2012)
            • 2012 Mar: Finalization of Final Report for #2
            • 2012 Apr: Finalization of Final Report for #3
            • 2012 May-Oct: Implementation Follow up
 
At its meeting on 21 July the GNSO extended the JIG charter through 2012 to complete its work.  
 
Proposed resolution:
The JIG Working Group is extended through 2012 to complete work items Two (2.  IDN Variant TLDs) and Three (3. Universal Acceptance of IDN TLDs ) as topics of mutual interest under the original charter.


7. Response to Rod Beckstrom letter on Security Issues and Use of Satellite Phones

This is an action item from the previous Council meeting. Draft response included in the materials.
 
 See attachment 7
 
 
8. Working- and Other Group Updates

8.1 Finance Working Group (Chair: Byron Holland)
8.2 SOP Working Group (Chair: Roelof Meijer)
8.3 Framework of Interpretation Working Group (Chair: Keith Davidson)
8.4 IDN PDP Working Group 1 (Update: Bart Boswinkel)
8.5 IDN PDP Working Group 2 (Chair: Hiro Hotta)
8.6 Incident Repository Implementation Working Group (Update: Bart Boswinkel)
8.7 Joint ccNSO/GNSO IDN Working Group (JIG) (co-Chair: Jian Zhang, APTLD)
8.8 Joint Security & Stability Working Group (DSSA) (Update: Bart Boswinkel)
8.9 Study Group on Use of Names for Countries and Territories (Update: Bart Boswinkel)
8.10 GAC-ccNSO Liaison (Chair: Keith Davidson)
8.11 PPC Focus Group update (Sokol)

See (some) written Working Group Updates – attachment 8

9. Dakar Preparations ccNSO Council

The proposal is to have a preparatory Council meeting Monday 24 October, 11-12 am local time.

10. Results from the Call with ccNSO Appointed Board Members.

a. Informal calls with ccNSO appointed Board members pre- and post ICANN meetings.
- Continue update calls with ccNSO appointed Board members?
- If to be continued, format of the meeting (no minutes, no recording, no action items, only councillors and Board members, agenda) and schedule
 
b. Interaction with ICANN Board during the ICANN meeting, including possible changes Friday morning Board meeting.

11. Discussion on Extension of ICANN Board Conflict of Interest Rules.  

Immediate cause: Peter Dengate Thrush within two months after stepping down from the Board accepted and was appointed executive chairman of Mind & Machines, a company actively involved in the new gTLD process.

12. Liaison Updates

12.1 At-Large Liaison

See attachment 9, 10, 11, 12, 13, 14

12.2 GNSO Liaison

No written update provided.

13. AOB



------ End of Forwarded Message