Dear Heather, Donna and Rafik:

Per Nathalie’s advice, Kathy and I hereby request that one of you forward our communication to the full Council email list.

Also, to be clear, this email is from Kathy and I only as it is our understanding that Brian prefers to send a separate communication in regard to the session scheduled for Sunday.

Best, Philip

Dear Heather, Donna and Rafik:

We have taken note that the GNSO Council meeting agenda for Sunday, October 21st at 13:55 to 14:10 contains the following item:

                Update on RPM PDP Complaint/RPM Co-Chairs

We received no prior notice that this item would be listed, nor have we received any information as to what role we are to play during this 15-minute session.

We have no objection to a public airing of the various issues raised by this matter as they go to the enforceability of a Board-adopted accountability measure within the context of the GNSO policymaking process.

Apart from the merits of the original Expected Standards of Behavior (ESB) complaint, those issues include:

•             Whether co-chairs are obligated to recuse themselves in an ESB matter when the subject of the complaint has alleged bias on the basis of previous actions he has taken toward them.

•             Whether Section 3.4 of the GNSO WG Guidelines is presently enforceable.

•             Whether the parties to an ESB complaint may invoke direct intervention of outside legal counsel, and what procedural framework should be followed in that situation.

•             Whether co-chairs determining the merits of an ESB complaint shall be indemnified under Section 20.1 of the Bylaws if the subject of the complaint subsequently files legal or other adverse action against them in the event that a decision finding an ESB violation is rendered; and what Guidelines can be consulted by them to assure “good faith” conduct of the proceedings.

Given the complexity of these interrelated issues we would like to inquire what advance information will be provided to members of Council concerning the situation, and be permitted to review it so as to be fully informed. Also, as members of the ICANN community are not presently aware that this situation exists, and as a 15-minute session cannot be expected to lay out the facts in a completely clear and comprehensive fashion, we wonder what follow-up explanation will be provided to the community as well as interested media if follow-up questions are subsequently raised.

We look forward to Sunday’s discussion so that the Council and community can start to learn as much as possible from this situation and take responsive steps.

Thank you in advance for your timely response so that we may be fully prepared to participate in this session.

Regards,

Philip & Kathy

Philip S. Corwin

Policy Counsel

VeriSign, Inc.

12061 Bluemont Way
Reston, VA 20190

703-948-4648/Direct

571-342-7489/Cell

"Luck is the residue of design" -- Branch Rickey