Re: [Euro-board] ICANN disclosure and consent form - please complete
On Fri, Dec 03, 2010 at 08:10:47PM -0500, Staci Dresher wrote:
I am following up on my email from two days ago regarding the background review on behalf of ICANN. Please let me know that you received this email
I received this email.
and will provide the completed consent and disclosure form shortly (consent form attached for your convenience).
Unfortunly I've to oppose. Signing this form would violate local law, that's why please abstain from insiting on it. There are several critical points: 1) The form assumes an employment relationship between ICANN and myself. Please remember: ALAC members are not employees of ICANN. 2) Investigations about persons might legitimate by the local law of the company which tries to establish an relationship. It's not possible to circumvent local law of the investigated subject by urging them to agree without any alternatives. Even to try so is simply illegal in Germany. 3) Granted the role of ALAC as a recommendation and supervision body within ICANN, it's not only unethical to collect information about private details (i.e. the financal situation) of the people doing the job. Such a attitute raises serious constrains about the relationship between ICANN and ALAC itself. Delicate private information must not be available to the body to be "controlled". Cc: EURALO Board.
Hi Lutz, Can you give us some background on this ? What is it about ? Thanks, Patrick On 06 Dec 2010, at 16:59, Lutz Donnerhacke wrote:
On Fri, Dec 03, 2010 at 08:10:47PM -0500, Staci Dresher wrote:
I am following up on my email from two days ago regarding the background review on behalf of ICANN. Please let me know that you received this email
I received this email.
and will provide the completed consent and disclosure form shortly (consent form attached for your convenience).
Unfortunly I've to oppose.
Signing this form would violate local law, that's why please abstain from insiting on it. There are several critical points:
1) The form assumes an employment relationship between ICANN and myself. Please remember: ALAC members are not employees of ICANN.
2) Investigations about persons might legitimate by the local law of the company which tries to establish an relationship. It's not possible to circumvent local law of the investigated subject by urging them to agree without any alternatives. Even to try so is simply illegal in Germany.
3) Granted the role of ALAC as a recommendation and supervision body within ICANN, it's not only unethical to collect information about private details (i.e. the financal situation) of the people doing the job. Such a attitute raises serious constrains about the relationship between ICANN and ALAC itself. Delicate private information must not be available to the body to be "controlled".
Cc: EURALO Board. _______________________________________________ Euro-board mailing list Euro-board@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/euro-board
-- Patrick Vande Walle Please note my new mobile number: +32 497636476 Blog: http://patrick.vande-walle.eu Twitter: http://twitter.vande-walle.eu Facebook: http://facebook.vande-walle.eu LinkedIn: http://linkedin.vande-walle.eu
On Tue, Dec 07, 2010 at 08:22:27AM +0100, Patrick Vande Walle wrote:
Can you give us some background on this ? What is it about ?
It's about my possible involvment within ALAC. ICANN outsourced a due diligence check and they started with urgin me to sign an agreement containing: [...] I ... authorize XXX or its agents to make investigative enquiries about me and to obtain consumer credit, criminal convictions, motor vehicle, and other reports as necessary to verify my identity and other information I have provided. [...] I also understand that it may be necessary to transfer my personal data outside the European Economic Area to countries that do not necessarily have data protection laws equivalent to those in force in my country. I hereby expressly consent to the processing of my personal data for the above-mentioned purposes, including possible transfers outside the European Economic Area. [...] I further understand and accept that an offer of employment by the Company may be conditional upon the verification of any or all of the information I have supplied and that the provision of misleading, false or inaccurate information, or the omission of a material fact may be legitimate cause for the immediate withdrawal of any offer of employment by the Company, or, if the Company has hired me in the meantime, for disciplinary action up to and including dismissal. [...]
On Mon, Dec 06, 2010 at 04:59:52PM +0100, Lutz Donnerhacke wrote:
Unfortunly I've to oppose.
Please let me clarify the situation. I do not oppose the process itself. I do not oppose to help an external institution to generate a better picture of my person and views. But the "agreement" document did not reflect the situation correctly: - It assumes an employment, but this is not the case. - It requires access to very private areas, which are uninteresting to ICANN. - It tries to raise legal barriers, which is forbitten by local law. So please send me an correct form, I'm happy to continue the process. Thank you. Lutz Donnerhacke
<<ICANN EU Consent Form (updated Donnerhacke).DOC>> Dear Lutz, Attached is an updated disclosure and consent form that addresses the concerns you expressed in your earlier email (see below). Specifically, we limited the scope of research in the first paragraph to "searching open source records, international press, publicly available government regulatory filings, civil litigation records and Internet resources, in addition to verifying professional credentials," and changed the purpose of the background review in the second paragraph from an employment relationship to a "position on the Council of an ICANN Advisory Committee." If these edits satisfactorily mitigate your concerns, I ask that you complete and return the form to me as soon as possible. I am available to answer any further questions. Regards, Staci Staci E. Dresher James Mintz Group, Inc. 180 Sutter Street, 4th floor San Francisco, California 94104 Tel: (415) 765-9900 Fax: (415) 765-9910 sdresher@mintzgroup.com www.mintzgroup.com CA PI license No. 24029 -----Original Message----- From: Lutz Donnerhacke [mailto:lutz@iks-jena.de] Sent: Tuesday, December 07, 2010 5:39 AM To: Staci Dresher Cc: euro-board@atlarge-lists.icann.org; Amy Stathos Subject: Re: ICANN disclosure and consent form - please complete On Mon, Dec 06, 2010 at 04:59:52PM +0100, Lutz Donnerhacke wrote:
Unfortunly I've to oppose.
Please let me clarify the situation. I do not oppose the process itself. I do not oppose to help an external institution to generate a better picture of my person and views. But the "agreement" document did not reflect the situation correctly: - It assumes an employment, but this is not the case. - It requires access to very private areas, which are uninteresting to ICANN. - It tries to raise legal barriers, which is forbitten by local law. So please send me an correct form, I'm happy to continue the process. Thank you. Lutz Donnerhacke <<ICANN EU Consent Form (updated Donnerhacke).DOC>>
participants (3)
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Lutz Donnerhacke -
Patrick Vande Walle -
Staci Dresher