Dear Chris I wanted to thank you for your time in seeing me in Nairobi to discuss this issue. This note records what I think we covered at that time, and also reports progress since then. I confirmed I have the highest professional regard for Becky Burr, and also regard her as a personal friend. I am not surprised that the Nominating Committee and the Council hold her in very high esteem, a view that I share. In my role as co-selector of the review team mandated under the Affirmation of Commitments to look into ICANN accountability and transparency, I formed the view that Becky Burr may have a conflict of interest in relation to this element of the review; "...and the consideration of an appeal mechanism for Board decisions;" This arises from her involvement as counsel for the applicant throughout ICM's application process, which was the subject of successful review under ICANN's IRP process. Any consideration of an appeal mechanism from board decisions will involve an analysis of the current mechanisms, in which I consider Becky closely involved, although she has not acted as counsel in the IRP. I think the matter comes into relief if one contemplates what may happen if the board does something with the IRP decision that ICM doesn't like. Its my view that Becky's involvement in reviewing the current rules could not be seen by an outside neutral observer as objective on that issue in those circumstances. Despite her nomination and wholesale endorsement by the ccNSO, I am obliged to take into account my worries on this point. I would be failing in my duty as a selector if I did not steps to resolve it. I have explained this to Becky Burr, and said I will take advice. She has agreed to take counsel from her own ethics people. I have today started the process of seeking outside independent advice, and will report further once there is some progress. I hope this makes it clear that my issue is not about Becky personally, nor about the ccNSO's nomination. I am grateful to her for her willingness to shoulder further chores for ICAN, and to the ccNSO for responding promptly to the request. Its very important to me that these reviews, which replaced the periodic review of ICANN under the JPA, are credible. One of the ways of bolstering that is by ensuring they are as objectively independent as possible. This poses real challenges, including in relation to staff support. It wont have escaped your members' attention that my own role on the team raises further questions of independence, and which I am also working on. Again thank you for your time in Nairobi. regards Peter Dengate Thrush Chairman of the Board of Directors, Internet Corporation for Assigned Names and Numbers +64 4 4998959 (DDI) +64 21499888 (mobile) +64 4 4710672 (fax) On 11/03/2010, at 8:33 PM, Chris Disspain wrote:

Janis & Peter,

At the ccNSO Council meeting yesterday the following resolution was passed;

“The ccNSO Council endorses and supports Becky Burr for the Transparency and Accountability review panel and thanks Becky for her willingness to undertake this role”.

I will be formally confirming our endorsement to Marco and Alice shortly.

I understand that there is disagreement between the two of you about Becky being on the panel. Please note the following:

1. The ccNSO has overwhelmingly endorsed Becky for this role. We believe she is extraordinarily well qualified to undertake the task and will bring a depth of knowledge on all aspects of ICANN to the work of the panel. 2. Becky has been appointed to the ccNSO council by the Nominating Committee. She is now in her second 3 year term on the council having been re-appointed. The Nominating Committee is tasked to find persons of integrity, objectivity, and intelligence, with reputations for sound judgment and open minds. Becky demonstrates all of these and this is clearly endorsed by the Nominating Committee who have appointed her twice to her role on our Council. 3. As you, Peter, demonstrated this morning in the public forum during Wolfgang’s presentation (by asking the Nominating Committee appointed directors to identify themselves etc.) appointees of the Nominating Committee should be and indeed are held in high esteem.

I urge you to follow the endorsement and recommendation of the ccNSO.

Further, I understand that you are considering asking us to seek additional volunteers that the Council would endorse as you are concerned that ccTLD community in ‘under-represented’.

The ccNSO is satisfied that Becky is more than capable of representing us on the panel. However, provided that you confirm Becky as a panellist we will, should you wish, endeavour to find some additional panel members from the ccTLD community. If you are not prepared to select Becky the ccNSO council will not provide further endorsements.

Should you wish to meet to discuss this, I shall be happy to do so.

Regards,

Chris Disspain Chair – ccNSO Council

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