March 2006 - council - lists.icann.org

RE: [council] more questions on consensus policy and contracts
by Bruce Tonkin 13 Mar '06

13 Mar '06

Hello Avri, I apologise for the delay in responding to your analysis and questions. > > In my looking at it, I see at least two different questions: > > - what can the council propose consensus policy on > - the relation between consensus policy and contracts, > of which there are three types: > - existing > - renewing > - new > > - what the council can propose consensus policy on: > > If I understand correctly, the GNSO council can propose > policy, assuming it follows the procedures, on just about > anything related to gTLDs that can be shown to be relevant > under the Bylaws of 8apr05 Article 1. And the Board is > empowered to approve policy, once presented by the GNSO > council after all appropriate procedures, on anything > interpreted as coming under the Mission as understood in the > context of the Values. Agreed. In general lets just call this an ICANN Policy, rather than "Consensus Policy" as defined in the registry and registrar agreements. Ie the GNSO can propose a policy relating to gTLDs that is consistent with the ICANN Bylaws, for approval by the ICANN Board as an ICANN Policy. An example of such a policy was the recent policy approved by the Council (I don't think it is approved by the Board yet) to guide staff in handling conflicts between the ICANN contracts and national law. The policy is basically aimed at providing guidance for ICANN staff, who must ensure that registries and registrars are complying with the terms of their contract with the ICANN corporation. > > - to what degree is consensus policy applicable to existing > contracts and to what degree are existing contracts > applicable to the creation of consensus policy? > > If I understand correctly, the nature or content of current > contracts or the clauses in those contracts relating to > consensus policy have _no_ effect on which policies can be > created and approved, but only affect the degree to which new > consensus policies can be applied during the term of that > contract. And, as these exclusions from consensus policy > clauses are somewhat different in every contract, no general > statement can be made about which consensus policies are > applicable to the full set of current contracts. Lets now use "Consensus Policies" in capital letters to refer to the contractual definition in registry and registrar agreements. The existing contracts have specific text defining where Consensus Policies can apply during the term of the contract, and also include specific text defining where these consensus policies do not apply. As part of PDP-Feb06, we can examine what these restrictions are and whether they should be modified for future contracts. Modification in existing contracts would require registry and registrar approvals. An example of a "Consensus Policy" that applied to existing contracts was the Transfers policy, and the WHOIS data reminder policy. > > - to what degree do consensus policies affect contracts in > the process of renewal? > > On this I am still confused. (at least I know I am confused > here, obviously if I am wrong about what I wrote above, then > I am also confused about that) When a new contract is being > negotiated what is the relationship between existing > consensus policy, esp. policy that was created between the > time the contract was originally negotiated and the time of > renewal, and the renewal. Does policy created during the > term of the expiring contract have effect on the contract > being renewed or on the clauses in that contract relating to > exemptions from consensus policy? This is more complicated as some of the existing contracts include provisions for renewal and also provisions for what terms carry over in the renewed contract. This can give rise to perpetual renewal effects. E.g a contract may say that it is for a 4 year term, and that it can be renewed for another 4 year term (with the same renewal provision to occur in the renewed contract) - thus it will auto-renew every 4 years. > > - to what degree are negotiations on new contracts bound by > consensus policy? > > I am also confused on this. Does consensus policy determine > the nature and content of new contracts negotiated by ICANN > staff. Can the negotiators put in clauses exempting the > signatories from existing consensus policy as well as future > consensus policy? Can consensus policy that is in effect at > the time of negotiation, have an effect on the clauses in the > contract that relate to the effect of future consensus policy > on the contract conditions? I.e. Could there be a consensus > policy that said future contracts could not exempt the > signatories from a particular consensus policy? It is better to think here in terms of ICANN Policy. An ICANN Policy approved by the board would govern how the staff negotiate a new contract. However the staff could ask the Board to change its policy prior to entering into an agreement. One of the issues with recent contract negotiations is that this is no ICANN Policy governing may of the key contractual terms for new contracts. Some may say this is a good thing - as it gives the staff maximum flexibility, and some may say this is a bad thing for much the same reason :-) Most corporations do have some standard policies that govern terms for contracts, so it does seem reasonable for the GNSO (and subsequently the ICANN Board) to consider whether some policies should be established for gTLDs, or whether the status quo is OK. To gain a better understanding I believe you need to read: - ICANN Bylaws around mission and core values - ICANN bylaws around GNSO and PDP - at least a couple of registry agreements (e.g .com, .biz, .jobs, .aero are all quite different from each other) - the registrar accreditation agreement In the agreements, check out provisions around: - Consensus Policy - renewal - termination Regards, Bruce Tonkin

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ICANN policies, Consensus Policies, and Contracts
by Bruce Tonkin 13 Mar '06

13 Mar '06

Hello All, Following the various discussions about the relationship between policies and contracts, that was discussed in Washington a couple of weeks ago, I have set out some basic facts to help think through the relationships. (1) ICANN is a corporation and can enter into contracts with third parties. (2) The ICANN corporation must comply with its bylaws. (3) The Board of the ICANN corporation can establish Policies for the corporation that are consistent with the bylaws (which includes mission and core values). The staff of the ICANN corporation must comply with these policies. (4) The GNSO can recommend policies regarding gTLDs that are consistent with the ICANN Bylaws to the Board. The Board must approve the Policies. (5) ICANN has contracts with registries and registrars relating to gTLDs. (6) Once a contract is signed, the terms of the contract can usually only be changed with the agreement of both parties. (7) The gTLD registry and registrar agreements have a special provision in them that require registries and registrars to comply with certain ICANN policies called "Consensus Policies" that can be established or changed during the lifetime of the contract. These policies can have a significant impact on the business of registries and a registrars - thus the areas where these policies can apply are constrained in the contract, and also the process for establishing such Consensus policies is tightly defined (ie via the GNSO PDP in the bylaws, by the voting rules of the GNSO Council, and by the membership structure of the GNSO Council). (8) Contracts typically have a term (ie length of the contract), conditions for the termination of a contract, and also sometimes conditions that describe the renewal of the contract. Some of the gTLD registry contracts have a right of renewal and also specify that with the renewal that some terms from the previous contract must carry forward into the next contract. Conclusions =========== (a) A GNSO Consensus Policy may apply to an EXISTING contract ONLY with respect to the narrow definition of where such policies may apply in the contract. (b) An ICANN Policy would apply to any future contract signed by ICANN (including negotiating a change to a contract) (c) With respect to an existing contract, a change to a contract to reflect a new ICANN policy (other than a GNSO Consensus Policy as defined in the contract) would require mutual consent between the two parties. Example ======= The ICANN Board could create a policy that all gTLD registry agreements are for a term of one year. The term length is not an area in the existing contracts that could be changed by the Consensus Policy process. Thus existing contracts would not be affected. Also because term length may carry forward into a renewal of an existing contract - this would not be affected either. However for new contracts the term length would be one year. Another complicating factor is that ICANN must treat similar organisations such as registries and registrars equitably. So although it could establish a policy for 1 year contracts, this may seem to be inequitable for new registries compared to existing registries. Alternatively the ICANN Board could create a policy that all gTLD registry agreements are for a term of 10 years. In this scenario it is highly likely that an existing registry operator would agree with the ICANN corporation to adjust their existing registry contract. So as part of considering new policies, the GNSO needs to consider: - the existing contracts, which also have some provisions that carry forward when renewed - equity between holders of existing contracts and holders of new contracts Regards, Bruce Tonkin

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Council members for (PDP-Feb06)
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 13 Mar '06

13 Mar '06

[To: council[at]gnso.icann.org] Dear Council Members, The following task force members have been appointed by the constituencies for the (PDP-Feb06)Policy development process on contractual conditions for existing gTLDs: Intellectual Property Interests constituency - Ute Decker - other volunteer(s) are being recruited as participating non-Council members and council will be informed when these names are available. Internet Service Providers' and Connectivity Providers' constituency. - Greg Ruth is the nominated lead. gTLD Registries constituency: David Maher is the representative who will work alongside the council representatives Ken Stubbs and Cary Karp. Commercial and Business Users constituency - There will be 3 members with one observer, Marilyn Cade, Philip Sheppard and Mike Roberts, the third elected BC officer will be an observer. Thank you, Kind regards, Glen On 16 February 2006 at the GNSO Council meeting it was resolved: "That the Council wishes to appoint a task force for the PDP initiated on 6 February 2006 (PDP-Feb06) that consists of the full Council, including the Council members appointed by the Nominating Committee, the At Large Advisory Committee (ALAC) and the Government Advisory Committee (GAC) liaisons. That constituencies have the option to appoint representatives to the task force in place of their Council members. That the Council recommends that the constituencies ensure that there is at least one council member from the constituency on the task force. That Council members, who are not members of the task force, have observer status on the task force, and thus receive mail from the mailing lists and be able to attend task force calls and meetings as observers." Could you please let me know by Friday 10 March 2006, who you have appointed to this task force. If you have appointed representatives in place of council members, please add their email contact details. -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Re: [council] Re: Regarding issues report on IDNs
by Sophia B 13 Mar '06

13 Mar '06

Thanks. I will resend with the text 'Sophia'. S On 13/03/06, Patrik Fältström <paf(a)cisco.com> wrote: > > On 13 mar 2006, at 07.42, Sophia B wrote: > > > Hi Patrick... thanks, mine carry well. > > My point was that there is no standard for how to carry color, so it > is completely dependent on the implementation of the email client. > That is why you see it, and people that happen to use the same email > client as you. Sorry for the misunderstanding. > > > Do u have any suggestions, I will > > resend? > > Make the text you write standing out by either quoting other text > (like I do) with a special character in the beginning of each line > (not in reality an option if your email client can not support it), > or by marking what you say by starting the sentences as a new > paragraph with for example the text "Sophia: ". > > Regards, Patrik > > > Sophia > > > > On 13/03/06, Patrik Fältström <paf(a)cisco.com> wrote: > >> > >> > >> On 13 mar 2006, at 07.36, Sophia B wrote: > >> > >>> I hope you are keeping well. Here I am again back on the global > >>> info > >>> super freeway…no STOP signs, so I must continue my dialog with > >>> you. (pls > >>> refer to my comments in GREEN) > >> > >> Email doesn't carry color, so marking with color doesn't work very > >> well. > >> > >> Patrik > >> >

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Re: [council] Re: Regarding issues report on IDNs
by Sophia B 13 Mar '06

13 Mar '06

Hi Patrick... thanks, mine carry well. Do u have any suggestions, I will resend? Sophia On 13/03/06, Patrik Fältström <paf(a)cisco.com> wrote: > > > On 13 mar 2006, at 07.36, Sophia B wrote: > > > I hope you are keeping well. Here I am again back on the global > > info > > super freeway…no STOP signs, so I must continue my dialog with > > you. (pls > > refer to my comments in GREEN) > > Email doesn't carry color, so marking with color doesn't work very well. > > Patrik >

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GNSO Council teleconference Tuesday 14 March at 19:00 UTC
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 13 Mar '06

13 Mar '06

[To: council[at]gnso.icann.org] Dear All, The GNSO Council teleconference announcements that have just been sent out individually to Council members and the liaisons should read TUESDAY 14 MARCH and not 14 February as in the header of the emails and in the first sentence. The GNSO Council teleconference will be tomorrow, 14 March 2006 at 19:00 UTC. Thank you and apologies for any confusion! Kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Draft Agenda for GNSO Council meeting on Tuesday 14 March 2006
by Bruce Tonkin 13 Mar '06

13 Mar '06

Hello All, Apologies for the late agenda. I recommend we go ahead with the GNSO Council meeting on Tuesday. The purpose of the meeting is to review the status of each PDP underway, and also ensure that we make the best use of the availability time in Wellington to advance the various work items. Regards, Bruce Tonkin Draft Agenda for Council meeting - Tuesday 14 March 2006 Coordinated Universal Time UTC 19:00 (11am Los Angeles, 2pm Washington DC, 7pm London, 6am (next day) Melbourne ) Item 1: Update on WHOIS PDP - current status of work and use of time in Wellington Item 2: Next steps for PDP-Dec05 - new gTLDs - confirm agenda for Wellington Item 3: Update on PDP-Feb06 - gTLD policies around key commercial terms for gTLD agreements - Next steps Item 4: Update on Issues report on IDNs Item 5: Statements of Interest Policy and GNSO rules of procedure Item 6: Agenda for GNSO Public forum in Wellington - WHOIS PDP - PDP-Dec05 - PDP-Feb06 Regards, Bruce Tonkin

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GNSO Review: Update
by Liz Williams 13 Mar '06

13 Mar '06

Colleagues I said I would provide you with updated information on the progress of the GNSO Review. As one would expect, the Reviewers are working diligently on conducting interviews this week with a range of ICANN Board members, GNSO Council members and ICANN Staff. The reviewers are trying to align their work with reasonable time zone constraints. Those that the Reviewers are not able to interview this week are encouraged to contact Jane Tinkler (j.tinkler(a)lse.ac.uk) for an interview time in Wellington. The Reviewers will be available from Thursday 23 March onwards until Thursday 30 March lunchtime. The Reviewers will have a dedicated Review Room at the Wellington meetings -- you can arrange to meet them at any time and one of the team will be in the room at all times. Please look for directions at the meeting venue. The on-line survey - http://www.icann-gnsoreview.org/ - is up and running and you are encouraged to use the user name and password already allocated to you (OR ask for another one if you don't have one) to fill out the survey. The Reviewers will be observing many of the sessions that take place over the course of the ICANN meetings. Of course, if you have any questions, please contact me or Jane Tinkler directly. Kind regards. Liz ..................................................... Liz Williams Senior Policy Counselor ICANN - Brussels +32 2 234 7874 tel +32 2 234 7848 fax +32 497 07 4243 mob

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Update Statements of Interest for all GNSO Councillors 13 March 2006
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 13 Mar '06

13 Mar '06

[To: council[at]gnso.icann.org] Dear Council Members, Please find updated Statements of Interest for Bret Fausett and Bruce Tonkin. Thank you. Kind regards, Glen GNSO Council members Updated Statements of Interest 13 March 2006 Bruce Tonkin - Registrar Constituency - GNSO Council chair I am employed full-time as Chief Technology Officer by Melbourne IT Limited. Melbourne IT has a registrar accreditation agreement with ICANN. Melbourne IT also has a contractual relationship with most gtld registries (for a current list see http://www.icann.org/registrars/accredited-list.html), and many cctld registries as a registrar. .................................................................... Ross Rader - - Registrar Constituency I am the Director of Research and Innovation for Tucows Inc., an ICANN accredited registrar and Internet services vendor. Tucows is a minority shareholder in Afilias LLC, with roughly an 8% shareholding. Neither Tucows, nor I, is in possession of, nor have access to Registry Sensitive or Registry Proprietary information as defined by any relevant registry operating contracts as a result of this relationship. Tucows provides consulting and application hosting services to other registrars and Internet services providers. I am not an officer, director, consultant, or employee of any of these customer organizations nor am I specifically involved in providing services to them. The URL for this statement is: http://www.byte.org/blog/_WebPages/StatementofInterestsforRossRader.html ........................................................................ Thomas Keller - - Registrar Constituency I'm a fulltime employee of Schlund+Partner AG. Schlund+Partner AG is ICANN accredited and is conducting business with almost all major gTLDS and ccTLDs. Schlund holds a minority share in Afilias LLC for investment purposes.Besides domain name registrations Schlund is mainly offering webhosting and email services to end users. I'm a member of the DENIC Technical Advisory Council. ....................................................................... Philip Sheppard - Commercial and Business Users Constituency I am Public Affairs Manager for AIM - European Brands Association, a Brussels-based trade association involved in public affairs activities. AIM represents the branded goods industries in Europe on key issues which affect the ability of brand manufacturers to design, distribute and market their brands. AIM's membership groups 1800 companies of all sizes through corporate members and national associations in 21 countries. These companies are mostly active in every day consumer goods. AIM's mission is to create for brands an environment of fair and vigorous competition, fostering innovation and guaranteeing maximum value to consumers. I hold various non-remunerated directorships unrelated to ICANN. I am a contact point for several domain names. Honorary positions: - President elect 2007 International Public Relations Association (IPRA), the global professional association for the PR profession. - I am a Freeman of the City of London. ...................................................................... Marilyn Cade - Commercial and Business Users Constituency I am an elected officer and councilor from the Commercial and Business Users Constituency (BC). I own and manage a consulting business that is primarily focused on Internet Governance and convergence issues involving Internet infrastructure and applications. My business is focused at the nexus of global policy and technological convergence. The topics I address include, but are not limited to: Internet Governance, VoIP, IP-TV, Data Retention, Internet intermediary liability, SPAM, ICANN, and cyber security in IP networks. I chair the Global Public Policy Committee at ITAA, and I advise the Global IP Alliance on international VoIP and Internet Governance. I also convene and coordinate various industry events and meetings on a variety of topics, primarily focused on working with industry to advocate policy positions to various governments and multi lateral organizations, including the OECD, ITU, CITEL, and APEC. I speak frequently as an expert at business and professional conferences that are held both in the US and in other countries and am usually remunerated for such events. Such remuneration does not in any way make such entities clients, nor imply client obligations. The clients of my business are concerned about the security and stability of the Internet, are registrants and users of the Internet, and are strong advocates of ICANN’s role in managing and coordinating the technical aspects of the Internet. I do not believe that I have conflicts of interest with ICANN. From time to time, I may have clients who have a direct policy interest in a particular policy area. At present, two clients that I advise have an interest in reserved names in gTLDs. As my business’ clients and their interests change, I will continue to update my statement of interest ......................................................................... Grant Forsyth - Commercial and Business Users constituency I am one of three representatives from the Business Constituency on the ICANN GNSO Names Council. I am currently employed by TelstraClear in the role of Manager Industry and Regulatory Affairs. TelstraClear is a full-service telecommunications operator that operates two ISPs, ClearNet and ParadiseNet. TelstraClear is an accredited registrar of .nz ccTLD names only under the new InternetNZ SRS. While TelstraClear presently makes no use of ENUM, it has an interest in its potential and an expectation that in due course it may wish to offer commercial services that use ENUM. I am elected Councillor of InternetNZ, the delegated .nz ccTLD manager. I have a personal domain registered in the .gen.nz space. I have not undertaken any paid work for either ICANN or InternetNZ. I have not worked for nor represented an ICANN Registry or ICANN Accredited Registrar. ............................................................................. Anthony Harris - ISPCP Constituency I am under contract as full time executive director of CABASE, a non-profit Internet industry association, incorporated as such in Argentina since 1999. - consulting work done for ICANN - NONE - consulting work done for a gtld or cctld registry, or current applicant to become a gtld or cctld registry - NONE - consulting work done for a registrar - NONE - employment with a registry or registrar - NONE .......................................................................... Greg Ruth - ISPCP Constituency I am employed full time by Verizon Federal Network Systems. Verizon has no contractual relationships with any registries or registrars. ......................................................................... Tony Holmes - ISPCP Constituency I am employed within BT Group's Chief Technology Office with the responsibility for determining numbering, naming and addressing policy and strategy for BT Group PLC. BT is a large ISP and infrastructure provider and operates in many countries across the world. BT is also an accredited ICANN Registrar, but is not currently operational. I participate in, and hold official positions in a number of other technology focused technical and policy making bodies at both the national and international level, none of which cause conflict with my work in ICANN. I have no employment, contract, financial interest or other business relationship with ICANN, registries or registrars except BT. I am an elected representative of the ISP and Connectivity Providers Constituency to the GNSO. ........................................................................... Robin Gross - Non Commercial Users Constituency I represent the Non-Commercial Users Constituency on the GNSO Policy Council. I am the Executive Director of IP Justice, an international civil liberties organization based in San Francisco. IP Justice is a California not-for-profit corporation and 501(c)(3). I am also licensed to practice law throughout California, and serve on the Board of Directors of the Union for the Public Domain, a not-for-profit corporation based in Washington DC. I teach international copyright law at Santa Clara University School of Law. From 1999-2002, I was an intellectual property attorney with the Electronic Frontier Foundation. ...................................................................... Norbert Klein – Non-Commercial Users Constituency I am at present a consultant to a Cambodian non-government organization, the Open Forum of Cambodia, which was created in 1994 to facilitate and to foster communication – not only electronic communication – in the conflictive, post-civil war Cambodian society. My relation to the Internet, and since 1999 to ICANN, originated from the fact that I created in 1994 the first possibility for people in Cambodia to have access to e-mail, and in 1996 I created the possibility to have an e-mail address in Cambodia: .kh Neither I nor the Open Forum of Cambodia have registered a top level domain – we use a secondary domain for our organization, under the ccTLD of Cambodia, .kh For myself, I use a webmail account by the German provider GMX, a GMX ProMail account, for which I pay the normal set fees. Neither we as an organization, nor I as an individual, own or have in any other way an economic interest in any IT or ICT company or related holding. ........................................................................... Mawaki Chango - Non Commercial Users Constituency I am currently a full-time Ph.D. student and Graduate Assistant, and I represent the Non-Commercial Users Constituency on the GNSO Council. In addition, I am involved in social activism through my participation in ACSIS (African Civil Society for Information Society), as ICT policy advocator, and advisor to the ACSIS’ President. Over the last five years, I have been involved as a consultant with UNESCO, the International Development Research Centre, Open Society Initiative for West Africa (Dakar), the Eduardo Mondlane University (Maputo), and EvalNet (Johannesburg). I have never been involved in any business related to the distribution and operation of Internet resources. ....................................................................... Sophia Bekele - Nominations Committee appointee to the GNSO Council I represent a California based, privately held company, CBS Enterprise Group, which is engaged in international business. As part of its portfolio of services, the company provides systems integration services through CBS International, which delivers domain registration, web hosting and email services to end users via a reseller, agreement with registrars. Less than 10% of CBS's business is derived from these services. In my personal capacity, I do not have any of my moneys, invested in companies that are in the registrar businesses. I do not believe that any activities of the Council or ICANN could have a material effect on the work I do at CBS International. .................................................................... Avri Doria - Nominations Committee appointee to the GNSO Council I am an independent research consultant and have no employment, contract, financial interest, share ownership or any other business relationship with ICANN, registries or registrars except as a holder, and fee payer, of several domain names in .com, .net and .org ...................................................................... Maureen Cubberley - Nominations Committee appointee to the GNSO Council Statement of Interest related to ICANN and the work of the GNSO Council I am a Canadian and I am currently employed in Canada by the Department of Culture, Heritage and Tourism, Government of Manitoba, as the Director of Public Library Services. I am also a senior partner in the consulting firm ASM Advanced Strategic Management Consultants, based in Ontario, Canada. I hold several non-remunerated directorships for various not-for-profit organizations. None of these organizations are related to ICANN. In the past, I have been a Director and the Chair of the Board of Directors of the .ca ccTLD registry CIRA. As a current holder of several .ca domain names, I am a member of CIRA. Consulting work done for ICANN - NONE Consulting work done for a gtld -NONE or cctld registry, - In 2004 I provided consulting services to CIRA. or current applicant to become a gtld or cctld registry - NONE Consulting work done for a registrar - NONE Employment with a registry or registrar - NONE In 2004, I served as Chair of the Business and Financial Evaluation Team, the members of which were appointed by ICANN for the purpose of reviewing 10 applications for new Sponsored gTLDs. ICANN provided each of the Team members, including myself, with an honourarium. I have no financial interest, share ownership or any other business relationship with ICANN, registries or registrars except as a holder of domain names. .............................................................................. Lucy Nichols - Intellectual Property Interests Constituency I am an elected representative of the Intellectual Property Constituency to the GNSO. I am an attorney and currently hold the position of Global Director of Intellectual Property Rights, Brand Protection Portfolio, for Nokia Inc. Nokia Corporation is an investor and Board Member of Mobile Top Level Domain "mTLD", the registry for .mobi. My responsibilities include managing the trademark, domain name, product design and brand enforcement groups of Nokia Corporation. I am a member of the 2006 Nominating Committee of ICANN. I am also on the Board of Directors for the International Trademark Assn. and a member of other IPR related professional organizations including ECTA, AIPLA, and IPO. .......................................................................... Ute Decker - Intellectual Property Interests Constituency I am full time employed as Deputy Director for Global Legal Policy by the IFPI Secretariat. I am also elected representative of the Intellectual Property Constituency (IPC) to the GNSO Council. The IFPI Secretariat is the head office of the International Federation of the Phonographic Industry (IFPI) representing the recording industry worldwide. IFPI is a non-commercial private sector non-governmental organisation, funded through membership contributions. IFPI is a member of the IPC. IFPI’s members are 1415 record companies, including EMI Music, Sony BMG Music Entertainment, Warner Music, and Universal Music and many independent record companies. The IFPI Secretariat provides services to its member and to 48 affiliated national recording industry bodies; and is responsible for co-ordinating international strategies in the key areas of the organisation's work: enforcement of copyright and trademarks, advice on technology and legal developments, relations with governments and national industry bodies, representation in international organisations, litigation, market research, and public relations. .................................................................... Kiyoshi I. Tsuru - Intellectual Property Interests Constituency I, the undersigned, Kiyoshi I. Tsuru am a partner with the law firm of BELLO, GALLARDO, MORALES Y TSURU, S.C., in Mexico City. I specialize in Intellectual Property matters. I serve as a member of the Advisory Committee of NIC Mexico, which is in turn a member of the ccNSO of ICANN. From time to time, I have served as outside counsel to NIC Mexico. I am the country manager for Mexico of the Business Software Alliance (BSA) and a WIPO Panelist regarding disputes between domain names and trademarks. ........................................................................ Ken Stubbs - gTLD Registries constituency I am a Director of, and member of the Executive committee of Afilias, Limited. - an ICANN-contracted registry I am also a member of the Policy Advisory Board of the DotMobi Ltd. (operator of the ".mobi" registry). I am an elected representative of the Registry Constituency to the GNSO council and a member of the Nominating Committee In my personal capacity, I have less than 5% of my net worth invested in companies that are involved in ICANN-contracted registry services Other than the entities listed above, I have no other current or "executory" business or contractual relationships with any entity or individuals who currently have business before the GNSO or ICANN. ....................................................................... Cary Karp - gTLD Registries constituency I am Director of Internet Strategy and Technology at the Swedish Museum of Natural History (NRM), an agency of the Swedish government. This is a full-time salaried position. I serve in a similar capacity for the International Council of Museums (ICOM) of which I am an individual member and NRM is an institutional member. I receive a small additional honorarium for that activity. I hold a non-remunerated position as the President and CEO of the Museum Domain Management Association (MuseDoma), the Sponsoring Organization for the .museum TLD. NRM is the largest museum in Sweden and charged with advising private and corporate entities in that country in matters relating to its sphere of expertise. I am regularly involved in such action. Current activity includes a joint initiative with NIC-SE, the operator of the .se ccTLD, which is collaborating with NRM in a project in the context of the Swedish national "Year of Cultural Diversity 2006". I also advise NIC-SE in general matters relating to IDN. I may from time to time receive separate honoraria for advisory services provided as a result of my position at NRM, and may be similarly compensated for writing and speaking engagements. ICOM is an NGO maintaining formal relations with UNESCO and having consultative status with the United Nations Economic and Social Council. I am directly involved in activity conducted by ICOM in its relationship with UNESCO. I represent MuseDoma in the gTLD Registry Constituency and am the elected representative for the sTLDs on the GNSO Council. I conduct no other activity with, and have no other interests of any kind that involve, entities maintaining business or contractual relationships with ICANN. .................................................................... June Seo - gTLD Registries constituency I am an employee of VeriSign, Inc., which provides certain domain registration services (directly or through its subsidiaries) for a number of top-level domains, including the following: .com; .net; .jobs; .cc; .tv; .bz. In my personal capacity I have less than 5% of my net worth invested in companies that are involved in registration services for top level domains. I am also an elected representative of the gTLD Registry Constituency to the ICANN GNSO Council. To the best of my knowledge, I have no ownership interest in any entity that currently has business before the GNSO or ICANN, other than as described above. ......................................................................... Bret Fausett - At Large Advisory Committee representative to the GNSO Council I am an attorney, living and working in Los Angeles, licensed to practice law in California (United States). I serve on the GNSO as a liaison from the At Large Advisory Committee, which is charged with representing the interests of end users in all of ICANN's activities. I am partner in the law firm of Cathcart, Collins & Kneafsey, LLP, which currently represents the interests of the Coalition For Internet Transparency ("CFIT" / http://www.cfit.info) in litigation against ICANN and Verisign. In my personal capacity, I have less than 5% of my assets invested in companies that are in the registry services and registrar businesses, including Tucows, Verisign, and Neustar. I do not believe that any activities of the Council or ICANN could have a material effect on the value of my investments. ........................................................................... Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Additional Disclosure
by Bret Fausett 13 Mar '06

13 Mar '06

Dear Councilors, On Friday, my law firm was formally retained to represent the Coalition For Internet Transparency ("CFIT") (http://www.cfit.info/) in its lawsuit over the anti-competitive award of .COM and .NET to Verisign. For those of you not familiar with this, you can read details of the lawsuit on the ICANN website: http://icann.org/general/litigation-cfit.htm Other lawyers at my firm will handle the day-to-day responsibilities on the case, but I will be providing advice and assistance from time to time. If you have any questions about this or how this representation may affect my work for the ALAC and Council, please let me know. By a separate e-mail, I am sending an updated Statement of Interest to Glen for inclusion on the website. Bret

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