Re: the role of GNSO Council liaison to the GAC
Dear Councilors, As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC. Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time. Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy. Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is from the GNSO to the GAC, rather than to the GNSO from an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership. Relevant Bylaws and Text References ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...> (e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time. (emphasis added) ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...> “There may also be liaisons to the GNSO Council from other ICANN Supporting Organizations and/or Advisory Committees, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added) GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...> “Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.” Question to Councilors In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership. While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor. You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time. Remain blessed, Tomslin
I agree with Leadership's conclusion. "Serve on" is different than "observe." We are lucky to have Seb in this unique role! Best, Paul [cid:image001.jpg@01DC0AD8.B2911AE0] Paul McGrady Office Direct: +1 (312) 515-4422 paul@elstermcgrady.com<mailto:paul@elstermcgrady.com> www.elstermcgrady.com<http://www.elstermcgrady.com/> From: Tomslin Samme-Nlar via council <council@icann.org> Sent: Monday, August 11, 2025 3:41 PM To: Council@icann.org Cc: Julie Bisland via Gnso-secs <gnso-secs@icann.org> Subject: [council] Re: the role of GNSO Council liaison to the GAC Dear Councilors, As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC. Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time. Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy. Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) "shall participate on equal footing with members of the GNSO Council," the GNSO Council liaison to the GAC is distinct in that it does not have the same "equal footing" privileges. Additionally, the GNSO liaison to the GAC is from the GNSO to the GAC, rather than to the GNSO from an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant "GAC activities as these relate to issues of interest and/or under discussion by the GNSO", councilors are empowered to raise this directly with Council Leadership. Relevant Bylaws and Text References ICANN Bylaws 11.3(e)<https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...> (e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time. (emphasis added) ICANN Bylaws 11.3(a)<https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...> "There may also be liaisons to the GNSO Council from other ICANN Supporting Organizations and/or Advisory Committees, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council." (emphasis added) GNSO Liaison to the GAC Role Description<https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...> "Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO." Question to Councilors In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership. While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor. You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time. Remain blessed, Tomslin This email originated from outside the firm. Please use caution.
It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent? Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council < council@icann.org> wrote:
Dear Councilors,
As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC.
Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time.
Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy.
Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is from the GNSO to the GAC, rather than to the GNSO from an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership.
Relevant Bylaws and Text References
ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...>
(e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time. (emphasis added)
ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...>
“There may also be liaisons to the GNSO Council from other ICANN Supporting Organizations and/or Advisory Committees, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added)
GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https://itsm-email.samanage.com/CL0/https:*2F*2F...>
“Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.”
Question to Councilors
In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters?
As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership.
While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor.
You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time. Remain blessed, Tomslin _______________________________________________ council mailing list -- council@icann.org To unsubscribe send an email to council-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
Thanks Anne for raising this concern. My personal experience under Jeff and now under Seb, the development of the response is led very much by the councilors who volunteer for this particular small team, and not the council liaison to the GAC precisely because the liaison is not a councilor. One more point for clarification - the intended recipient of this work is the Board, not the GAC. Understand that the above is an observation of the practicalities of the work and we still should discuss intent and optics. Best, Jen From: Anne ICANN via council <council@icann.org> Sent: Tuesday, August 12, 2025 10:13 AM To: Tomslin Samme-Nlar <mesumbeslin@gmail.com> Cc: council@icann.org; Julie Bisland via Gnso-secs <gnso-secs@icann.org> Subject: [council] Re: the role of GNSO Council liaison to the GAC It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent? Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com <mailto:anneicanngnso@gmail.com> On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council <council@icann.org <mailto:council@icann.org> > wrote: Dear Councilors, As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC. Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time. Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy. Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is from the GNSO to the GAC, rather than to the GNSO from an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership. Relevant Bylaws and Text References ICANN Bylaws <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...> 11.3(e) (e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time. (emphasis added) ICANN Bylaws <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...> 11.3(a) “There may also be liaisons to the GNSO Council from other ICANN Supporting Organizations and/or Advisory Committees, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fg...> GNSO Liaison to the GAC Role Description “Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.” Question to Councilors In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership. While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor. You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time. Remain blessed, Tomslin _______________________________________________ council mailing list -- council@icann.org <mailto:council@icann.org> To unsubscribe send an email to council-leave@icann.org <mailto:council-leave@icann.org> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
Thanks Jen. I've never been involved on the team that drafts the GNSO response to the GAC Communique. I also think Seb has done a great job. Just raising this on a theoretical basis as a procedural question unrelated to the individuals. Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Tue, Aug 12, 2025 at 11:00 AM jen--- via council <council@icann.org> wrote:
Thanks Anne for raising this concern. My personal experience under Jeff and now under Seb, the development of the response is led very much by the councilors who volunteer for this particular small team, and not the council liaison to the GAC precisely because the liaison is not a councilor. One more point for clarification - the intended recipient of this work is the Board, not the GAC.
Understand that the above is an observation of the practicalities of the work and we still should discuss intent and optics.
Best,
Jen
*From:* Anne ICANN via council <council@icann.org> *Sent:* Tuesday, August 12, 2025 10:13 AM *To:* Tomslin Samme-Nlar <mesumbeslin@gmail.com> *Cc:* council@icann.org; Julie Bisland via Gnso-secs <gnso-secs@icann.org> *Subject:* [council] Re: the role of GNSO Council liaison to the GAC
It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent?
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council < council@icann.org> wrote:
Dear Councilors,
As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC.
Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time.
Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy.
Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is *from *the GNSO *to *the GAC, rather than *to *the GNSO *from* an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership.
*Relevant Bylaws and Text References*
ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
(e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) *shall serve* on the GNSO Council at any given time. (emphasis added)
ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
“There may also be liaisons to the GNSO Council *from other ICANN Supporting Organizations and/or Advisory Committees*, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added)
GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fg...>
“Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.”
*Question to Councilors*
*In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? *
As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership.
While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor.
You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time.
Remain blessed,
Tomslin
_______________________________________________ council mailing list -- council@icann.org To unsubscribe send an email to council-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
_______________________________________________ council mailing list -- council@icann.org To unsubscribe send an email to council-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
Tomslin et al - I had not focused on the fact that there was a question from ICANN Legal re the following? what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? Could staff please elaborate on whether there may be a need to amend the GAC Liaison roles document to reflect the Council's attention to this matter? For example, could we say explicitly that "While there is no prohibition on the appointment of a GAC Liaison employed by the same employer as a Council member, the Council's expectation is that the Liaison will conduct communications in a neutral manner without regard to the employer's interests." Just interested in confirming the practice we see as appropriate to reflect a healthy precedent which fulfills the intent of the ByLaws and to address any contrary "perceptions". In addition, we should perhaps consider instructions issued to the SSC with respect to this issue . Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Tue, Aug 12, 2025 at 3:31 PM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thanks Jen. I've never been involved on the team that drafts the GNSO response to the GAC Communique. I also think Seb has done a great job. Just raising this on a theoretical basis as a procedural question unrelated to the individuals. Anne
Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com
On Tue, Aug 12, 2025 at 11:00 AM jen--- via council <council@icann.org> wrote:
Thanks Anne for raising this concern. My personal experience under Jeff and now under Seb, the development of the response is led very much by the councilors who volunteer for this particular small team, and not the council liaison to the GAC precisely because the liaison is not a councilor. One more point for clarification - the intended recipient of this work is the Board, not the GAC.
Understand that the above is an observation of the practicalities of the work and we still should discuss intent and optics.
Best,
Jen
*From:* Anne ICANN via council <council@icann.org> *Sent:* Tuesday, August 12, 2025 10:13 AM *To:* Tomslin Samme-Nlar <mesumbeslin@gmail.com> *Cc:* council@icann.org; Julie Bisland via Gnso-secs <gnso-secs@icann.org
*Subject:* [council] Re: the role of GNSO Council liaison to the GAC
It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent?
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council < council@icann.org> wrote:
Dear Councilors,
As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC.
Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time.
Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy.
Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is *from *the GNSO *to *the GAC, rather than *to *the GNSO *from* an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership.
*Relevant Bylaws and Text References*
ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
(e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) *shall serve* on the GNSO Council at any given time. (emphasis added)
ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
“There may also be liaisons to the GNSO Council *from other ICANN Supporting Organizations and/or Advisory Committees*, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added)
GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fg...>
“Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.”
*Question to Councilors*
*In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? *
As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership.
While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor.
You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time.
Remain blessed,
Tomslin
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I don’t think we need to overengineer this. Our mitigation strategy is the limitation on dual participation which the GAC liaison role does not trigger. Best, Paul [cid:image001.jpg@01DC0DCA.BC3643A0] Paul McGrady Office Direct: +1 (312) 515-4422 paul@elstermcgrady.com<mailto:paul@elstermcgrady.com> www.elstermcgrady.com<http://www.elstermcgrady.com/> From: Anne ICANN via council <council@icann.org> Sent: Thursday, August 14, 2025 6:19 PM To: jen@dot.asia Cc: GNSO Council List <council@gnso.icann.org>; Julie Bisland via Gnso-secs <gnso-secs@icann.org> Subject: [council] Re: the role of GNSO Council liaison to the GAC Tomslin et al - I had not focused on the fact that there was a question from ICANN Legal re the following? what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? Could staff please elaborate on whether there may be a need to amend the GAC Liaison roles document to reflect the Council's attention to this matter? For example, could we say explicitly that "While there is no prohibition on the appointment of a GAC Liaison employed by the same employer as a Council member, the Council's expectation is that the Liaison will conduct communications in a neutral manner without regard to the employer's interests." Just interested in confirming the practice we see as appropriate to reflect a healthy precedent which fulfills the intent of the ByLaws and to address any contrary "perceptions". In addition, we should perhaps consider instructions issued to the SSC with respect to this issue . Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, Aug 12, 2025 at 3:31 PM Anne ICANN <anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>> wrote: Thanks Jen. I've never been involved on the team that drafts the GNSO response to the GAC Communique. I also think Seb has done a great job. Just raising this on a theoretical basis as a procedural question unrelated to the individuals. Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Tue, Aug 12, 2025 at 11:00 AM jen--- via council <council@icann.org<mailto:council@icann.org>> wrote: Thanks Anne for raising this concern. My personal experience under Jeff and now under Seb, the development of the response is led very much by the councilors who volunteer for this particular small team, and not the council liaison to the GAC precisely because the liaison is not a councilor. One more point for clarification - the intended recipient of this work is the Board, not the GAC. Understand that the above is an observation of the practicalities of the work and we still should discuss intent and optics. Best, Jen From: Anne ICANN via council <council@icann.org<mailto:council@icann.org>> Sent: Tuesday, August 12, 2025 10:13 AM To: Tomslin Samme-Nlar <mesumbeslin@gmail.com<mailto:mesumbeslin@gmail.com>> Cc: council@icann.org<mailto:council@icann.org>; Julie Bisland via Gnso-secs <gnso-secs@icann.org<mailto:gnso-secs@icann.org>> Subject: [council] Re: the role of GNSO Council liaison to the GAC It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent? Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council <council@icann.org<mailto:council@icann.org>> wrote: Dear Councilors, As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC. Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time. Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy. Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is from the GNSO to the GAC, rather than to the GNSO from an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership. Relevant Bylaws and Text References ICANN Bylaws 11.3(e)<https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...> (e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time. (emphasis added) ICANN Bylaws 11.3(a)<https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...> “There may also be liaisons to the GNSO Council from other ICANN Supporting Organizations and/or Advisory Committees, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added) GNSO Liaison to the GAC Role Description<https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fg...> “Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.” Question to Councilors In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership. While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor. You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time. Remain blessed, Tomslin _______________________________________________ council mailing list -- council@icann.org<mailto:council@icann.org> To unsubscribe send an email to council-leave@icann.org<mailto:council-leave@icann.org> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. _______________________________________________ council mailing list -- council@icann.org<mailto:council@icann.org> To unsubscribe send an email to council-leave@icann.org<mailto:council-leave@icann.org> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. This email originated from outside the firm. Please use caution.
Thanks Paul. I disagree with your conclusion that being specific about the GAC liason role in this regard is "over-engineering". I understand the question to be about addressing "perceptions". The wiser course would be for perceptions to be directly addressed in the GAC Liaison role description. Again, this has absolutely nothing to do with Seb and jAshley personally, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Fri, Aug 15, 2025 at 7:55 AM Paul McGrady <paul@elstermcgrady.com> wrote:
I don’t think we need to overengineer this. Our mitigation strategy is the limitation on dual participation which the GAC liaison role does not trigger.
Best,
Paul
*Paul* *McGrady*
Office Direct: +1 (312) 515-4422
*paul@elstermcgrady.com <paul@elstermcgrady.com>*
*www.elstermcgrady.com <http://www.elstermcgrady.com/>*
*From:* Anne ICANN via council <council@icann.org> *Sent:* Thursday, August 14, 2025 6:19 PM *To:* jen@dot.asia *Cc:* GNSO Council List <council@gnso.icann.org>; Julie Bisland via Gnso-secs <gnso-secs@icann.org> *Subject:* [council] Re: the role of GNSO Council liaison to the GAC
Tomslin et al - I had not focused on the fact that there was a question from ICANN Legal re the following?
*what are the protections the Council has in place to mitigate **against perceptions** of any single entity having an undue influence on GNSO Council matters?*
Could staff please elaborate on whether there may be a need to amend the GAC Liaison roles document to reflect the Council's attention to this matter? For example, could we say explicitly that "While there is no prohibition on the appointment of a GAC Liaison employed by the same employer as a Council member, the Council's expectation is that the Liaison will conduct communications in a neutral manner without regard to the employer's interests."
Just interested in confirming the practice we see as appropriate to reflect a healthy precedent which fulfills the intent of the ByLaws and to address any contrary "perceptions". In addition, we should perhaps consider instructions issued to the SSC with respect to this issue .
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Tue, Aug 12, 2025 at 3:31 PM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thanks Jen. I've never been involved on the team that drafts the GNSO response to the GAC Communique. I also think Seb has done a great job. Just raising this on a theoretical basis as a procedural question unrelated to the individuals.
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Tue, Aug 12, 2025 at 11:00 AM jen--- via council <council@icann.org> wrote:
Thanks Anne for raising this concern. My personal experience under Jeff and now under Seb, the development of the response is led very much by the councilors who volunteer for this particular small team, and not the council liaison to the GAC precisely because the liaison is not a councilor. One more point for clarification - the intended recipient of this work is the Board, not the GAC.
Understand that the above is an observation of the practicalities of the work and we still should discuss intent and optics.
Best,
Jen
*From:* Anne ICANN via council <council@icann.org> *Sent:* Tuesday, August 12, 2025 10:13 AM *To:* Tomslin Samme-Nlar <mesumbeslin@gmail.com> *Cc:* council@icann.org; Julie Bisland via Gnso-secs <gnso-secs@icann.org> *Subject:* [council] Re: the role of GNSO Council liaison to the GAC
It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent?
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council < council@icann.org> wrote:
Dear Councilors,
As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC.
Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time.
Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy.
Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is *from *the GNSO *to *the GAC, rather than *to *the GNSO *from* an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership.
*Relevant Bylaws and Text References*
ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
(e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) *shall serve* on the GNSO Council at any given time. (emphasis added)
ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
“There may also be liaisons to the GNSO Council *from other ICANN Supporting Organizations and/or Advisory Committees*, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added)
GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fg...>
“Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.”
*Question to Councilors*
*In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? *
As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership.
While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor.
You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time.
Remain blessed,
Tomslin
_______________________________________________ council mailing list -- council@icann.org To unsubscribe send an email to council-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
_______________________________________________ council mailing list -- council@icann.org To unsubscribe send an email to council-leave@icann.org
_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
This email originated from outside the firm. Please use caution.
Dear Councilors, Thank you to Anne and Paul for providing feedback on the question regarding the role of GNSO Council liaison to the GAC. As noted during the recent GNSO Council meeting, Council leadership has discussed this issue and came to the conclusion that Sebastien may continue in this role. In response to the specific question from ICANN org regarding the protections the Council has in place “to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters,” we came to the conclusion, similar to Paul’s note, that the limited nature of the role as described in the official role description <https://gnso.icann.org/sites/default/files/file/field-file-attach/request-li...> coupled with Councilors’ ability to immediately flag any perceived abuse provides the necessary safeguards against the perception of a single entity having an undue influence over GNSO Council matters. To be more specific, the GNSO Liaison to the GAC’s role is explicitly limited to “attend[ing] and participat[ing] as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.” (emphasis added) In other words, as long as the GNSO liaison to the GAC is operating within their role, there is no opportunity to have any undue influence. Additionally, councilors are empowered to raise concerns of any perceived abuse by interjecting directly (either during a meeting or via the list) and/or raise the concern directly with Council Leadership if preferred If, however, other Councilors believe the role description and Standing Selection Committee materials need to be updated, please respond via the list, and we can consider this path and potential volunteers for drafting these updates. Thank you. Remain blessed, Tomslin and Nacho On Tue, 19 Aug 2025 at 21:59, Anne ICANN via council <council@icann.org> wrote:
Thanks Paul. I disagree with your conclusion that being specific about the GAC liason role in this regard is "over-engineering". I understand the question to be about addressing "perceptions". The wiser course would be for perceptions to be directly addressed in the GAC Liaison role description. Again, this has absolutely nothing to do with Seb and jAshley personally,
Anne
Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com
On Fri, Aug 15, 2025 at 7:55 AM Paul McGrady <paul@elstermcgrady.com> wrote:
I don’t think we need to overengineer this. Our mitigation strategy is the limitation on dual participation which the GAC liaison role does not trigger.
Best,
Paul
*Paul* *McGrady*
Office Direct: +1 (312) 515-4422
*paul@elstermcgrady.com <paul@elstermcgrady.com>*
*www.elstermcgrady.com <http://www.elstermcgrady.com/>*
*From:* Anne ICANN via council <council@icann.org> *Sent:* Thursday, August 14, 2025 6:19 PM *To:* jen@dot.asia *Cc:* GNSO Council List <council@gnso.icann.org>; Julie Bisland via Gnso-secs <gnso-secs@icann.org> *Subject:* [council] Re: the role of GNSO Council liaison to the GAC
Tomslin et al - I had not focused on the fact that there was a question from ICANN Legal re the following?
*what are the protections the Council has in place to mitigate **against perceptions** of any single entity having an undue influence on GNSO Council matters?*
Could staff please elaborate on whether there may be a need to amend the GAC Liaison roles document to reflect the Council's attention to this matter? For example, could we say explicitly that "While there is no prohibition on the appointment of a GAC Liaison employed by the same employer as a Council member, the Council's expectation is that the Liaison will conduct communications in a neutral manner without regard to the employer's interests."
Just interested in confirming the practice we see as appropriate to reflect a healthy precedent which fulfills the intent of the ByLaws and to address any contrary "perceptions". In addition, we should perhaps consider instructions issued to the SSC with respect to this issue .
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Tue, Aug 12, 2025 at 3:31 PM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thanks Jen. I've never been involved on the team that drafts the GNSO response to the GAC Communique. I also think Seb has done a great job. Just raising this on a theoretical basis as a procedural question unrelated to the individuals.
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Tue, Aug 12, 2025 at 11:00 AM jen--- via council <council@icann.org> wrote:
Thanks Anne for raising this concern. My personal experience under Jeff and now under Seb, the development of the response is led very much by the councilors who volunteer for this particular small team, and not the council liaison to the GAC precisely because the liaison is not a councilor. One more point for clarification - the intended recipient of this work is the Board, not the GAC.
Understand that the above is an observation of the practicalities of the work and we still should discuss intent and optics.
Best,
Jen
*From:* Anne ICANN via council <council@icann.org> *Sent:* Tuesday, August 12, 2025 10:13 AM *To:* Tomslin Samme-Nlar <mesumbeslin@gmail.com> *Cc:* council@icann.org; Julie Bisland via Gnso-secs <gnso-secs@icann.org
*Subject:* [council] Re: the role of GNSO Council liaison to the GAC
It seems the only place where this could become an issue is in the development of the Council's response to the GAC Communique. Is there concern that two persons from the same company who weigh in on how to respond to the GAC could run counter to the intent?
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
On Mon, Aug 11, 2025 at 1:41 PM Tomslin Samme-Nlar via council < council@icann.org> wrote:
Dear Councilors,
As you have seen, Council Leadership requested an additional AOB on our upcoming Council agenda re: the role of GNSO Council liaison to the GAC.
Council Leadership was recently asked about the appointment of Ashley as the RrSG Councilor and the potential implications of Bylaws Section 11.3(e), which prohibits more than one employee from a particular corporation from serving on the GNSO Council at the same time.
Both Ashley (RrSG councilor) and Sebastien (GNSO Council Liaison to the GAC) are employed by GoDaddy.
Council Leadership discussed and came to the preliminary conclusion that Sebastien can continue to serve as the GNSO Council Liaison to the GAC due to the limited nature of this particular role as defined in the role description. While other Council liaisons (ALAC, ccNSO) “shall participate on equal footing with members of the GNSO Council,” the GNSO Council liaison to the GAC is distinct in that it does not have the same “equal footing” privileges. Additionally, the GNSO liaison to the GAC is *from *the GNSO *to *the GAC, rather than *to *the GNSO *from* an SO/AC; we believe this is another important distinction. We also note that if anyone on the Council ever feels that the GNSO liaison to the GAC is acting outside of their limited role of observing GNSO Council meetings and only intervening on relevant “GAC activities as these relate to issues of interest and/or under discussion by the GNSO”, councilors are empowered to raise this directly with Council Leadership.
*Relevant Bylaws and Text References*
ICANN Bylaws 11.3(e) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
(e) No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) *shall serve* on the GNSO Council at any given time. (emphasis added)
ICANN Bylaws 11.3(a) <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fw...>
“There may also be liaisons to the GNSO Council *from other ICANN Supporting Organizations and/or Advisory Committees*, from time to time. The appointing organization shall designate, revoke, or change its liaison on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. Liaisons shall not be members of or entitled to vote, to make or second motions, or to serve as an officer on the GNSO Council, but otherwise liaisons shall be entitled to participate on equal footing with members of the GNSO Council.” (emphasis added)
GNSO Liaison to the GAC Role Description <https://urldefense.com/v3/__https:/itsm-email.samanage.com/CL0/https:*2F*2Fg...>
“Attend and participate as an observer in GNSO Council meetings. The Liaison is expected to only intervene in their Liaison capacity with interventions focused on any GAC activities as these relate to issues of interest and/or under discussion by the GNSO.”
*Question to Councilors*
*In creating this special category of a GNSO Liaison to another entity, did the Council intend to allow for that role to be served by someone who is from the same employer as a duly appointed Councillor (keeping in mind the limitation of 11.3(e)) and if so, what are the protections the Council has in place to mitigate against perceptions of any single entity having an undue influence on GNSO Council matters? *
As noted above, Council Leadership believes that there is no explicit prohibition from the GNSO Council Liaison to the GAC representing the same employer as a duly appointed Councilor. The GNSO Council Liaison to the GAC is very limited in its nature (by design), and if any councilor were to observe a potential abuse of the limited role, councilors are empowered to interject, note the concern, and/or raise the concern directly with Council Leadership.
While Council Leadership has discussed and reached the above conclusion, we invite Councilors to respond if they object to the GNSO Council Liaison to the GAC having the same employer as a duly appointed Councilor.
You may raise concerns or communicate non-objection in response to this message. As noted, we will also discuss during the upcoming meeting under AOB, and you are welcome to provide comments at that time.
Remain blessed,
Tomslin
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participants (4)
-
Anne ICANN -
jen＠dot.asia -
Paul McGrady -
Tomslin Samme-Nlar