Thank you, Stephen, for your most detailed answer and I am sorry you had to spent so much time going through all these calculations. I fully agree with your conclusions and questions that remain unanswered. Indeed, it is hard to find a universally satisfactory solution, and any party can be seemingly discriminated due to the complex tw-channel Board nomination process. One thing is for certain though: your reflections confirm the AFNIC's recent assumptions that the ICANN (and its Board in particular) iis still dominated by NA region. Thank you, L. Leonid Todorov GM l.todorov@aptld.org Skype: leonid.todorov Mob/WhatsApp: +7 963 623 4307 APTLD on Twitter: https://twitter.com/aptldnews APTLD on Facebook: https://www.facebook.com/aptld/ On 3 September 2017 at 22:54, Barrack Otieno <otieno.barrack@gmail.com> wrote:

Dear Stephen,

Many thanks for the analysis. Interesting scenario that would be worth discussing in Abu Dhabi (with open minds).

Regards

On Sun, Sep 3, 2017 at 10:11 PM, Stephen Deerhake <sdeerhake@nic.as> wrote:

...

As a further answer to your question, Leonid, let me start by taking a look at the current Board composition, and what I understand it’s composition will be like after the conclusion of the AGM in Abu Dhabi.

If my analysis of the current and future composition of the Board is accurate, then the Board breaks down as follows:

*Current Board Composition*

M

11

73.33%

F

4

26.67%

White

9

60.00%

N Africa

2

13.33%

Asian

2

13.33%

Latin

1

6.67%

Malaysian

1

6.67%

Africa

3

20.00%

Asia

4

26.67%

Europe

3

20.00%

Latin America

1

6.67%

North America

4

26.67%

*Post AGM Board Composition*

M

11

73.33%

F

4

26.67%

White

10

66.67%

N Africa

2

13.33%

Asian

1

6.67%

Latin

2

13.33%

Africa

3

20.00%

Asia

3

20.00%

Europe

3

20.00%

Latin America

1

6.67%

North America

5

33.33%

So if my analysis is correct (and there was some guesswork involved with respect to ethnicity and geographic regions), the sex ratio remains unchanged, but the Board becomes whiter, and more North American in make up.

I’m not sure this is a good thing in aggregate…

So the question is, does the Board’s makeup pass the “Diversity Calculation” present in Section 7.2(b) of the Bylaws? I believe the answer is yes, but barely. More significantly however, by over-loading the North America representation on the post-AGM board, the NomCom has implicitly limited the ability of the other SO/AC’s to pick candidates of their choosing. This is because Section 7.5 specifically states that in aggregate, no more than 5 board members, selected across all SO/AC’s in addition to the NomCom’s selections of seats 1-8, can be from the same Geographic region. If my interpretation is correct, all the SO/AC’s as well as the NomCom can impact the selection of Board members by the other SO/ACs, as well as the NomCom. With the North America region tapped out at the proscribed limit of 5 by the NomCom’s recent selections, it appears that no one from the North America region, from ANY SO/AC, may stand for Board election within their SO/AC in the immediate future.

I think what we are seeing here is an outcome no one really anticipated as the bylaws were being drafted. Here’s a question for you: Assume for example’s sake that the Board currently has 4 Europeans on it. Further, assume that two SO/AC’s hold Board elections within their respective SO/AC, and both the winning candidates are European. If my interpretation of 7.5 is correct, then the Diversity Calculation for the Board fails. What happens? Which candidate gets seated? What does the other SO/AC do?

I hope this answers your question.

Best Regards,

Stephen Deerhake

AS Domain Registry

GDNS, LLC

*From: *Leonid Todorov <l.todorov@aptld.org> *Date: *Saturday, September 2, 2017 at 11:35 *To: *Stephen Deerhake <sdeerhake@nic.as> *Cc: *"ccnso-council@icann.org" <ccnso-council@icann.org> *Subject: *Re: [ccnso-council] Upcoming Empowered Community Administration Activity

Thank you, Stephen:

as an observer to the Council, may I ask a brief question as to whether there is a geographic diversity-related requirement/limitation applicable in a situation in which the NomCom selects two Board members that represent the same region.

Thank you,

Leonid

Leonid Todorov GM

l.todorov@aptld.org Skype: leonid.todorov

Mob/WhatsApp: +7 963 623 4307 <+7%20963%20623-43-07>

APTLD on Twitter: https://twitter.com/aptldnews

APTLD on Facebook: https://www.facebook.com/aptld/

On 2 September 2017 at 17:31, Stephen Deerhake <sdeerhake@nic.as> wrote:

Greetings,

I am writing to you in my capacity as the ccNSO representative to the Empowered Community Administration.

Please be advised that the 2017 Nominating Committee has made a decision regarding ICANN Board Seats 7 and 8, as follows:

Board Seat 7: Avri Doria (North America)

Board Seat 8: Sarah Deutsch (North America)

Also, please be advised that they have selected Marita Moll (North America) for the upcoming NomCom vacancy on the ccNSO Council.

There is no action required of the ccNSO Council in this matter. Under the Bylaws the Empowered Community Administration must formally notify the ICANN Secretary of the selection by the Nominating Committee of the individuals designated to fill Board seats 7 and 8.

Please do not hesitate to contact me with any questions.

Best Regards,

Stephen Deerhake

AS Domain Registry

GDNS, LLC

_______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org https://mm.icann.org/mailman/listinfo/ccnso-council

_______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org https://mm.icann.org/mailman/listinfo/ccnso-council

-- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A