March 2015 - Gnso-improvem-impl-sc

RE: Request to the SCI - Vote switching
by Aikman-Scalese, Anne March 25, 2015

March 25, 2015

Martin, Thank you for your communication of February 26 raising the issue of potential “vote switching” among constituencies. The SCI response to your question was developed after full discussion on the SCI list. Although it took a while to sort out the procedural issues, we believe we have arrived at the appropriate answer. Although the BC Charter team presents an interesting issue, the question is not properly before the SCI at this time since (1) we did not receive the question from the GNSO Council or a group chartered by the GNSO Council and (2) we have not yet formulated or presented to Council a plan for periodic review of the Operating Procedures which might involve review of issues related to 6.1.2(j) and 6.2.6(d) of these Procedures, both of which address the rule that "No legal or natural person should be a voting member of more than one Group." Angie Graves is the primary BC representative to the SCI and has volunteered to discuss this topic with you informally so that it can be explored further within the BC. Although the SCI is unable to take up consideration of the issue raised by the BC Charter Review Team at this time, we recognize the potential problem that this could cause. Since the question arose during the BC subteam’s discussion of a revision of its Charter, it may be helpful for the BC - as part of its internal deliberations and process - to determine whether to seek external input and suggestions for mitigation of this potential problem. For instance, BC leadership could reach out to other SG/C leaders to see if a common GNSO position can be developed around the issue. While we do not ourselves know if other SG/Cs are going to be reviewing their charters at this time, we note that each SG/C charter is charged with specifying its own process for charter amendment. We hope the above is helpful to the BC’s Charter Review Team’s deliberations. Thank you, Anne GNSO SCI Chair, 2015 [cid:image001.gif@01D0663E.C830C7F0] Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428 | (F) 520.879.4725 AAikman(a)LRRLaw.com<mailto:AAikman@LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/> From: martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> [mailto:martinsutton@hsbc.com] Sent: Thursday, February 26, 2015 12:30 PM To: Aikman-Scalese, Anne Subject: Request to the SCI - Vote switching Dear Anne, I am a member of the Business Constituency and currently working with the BC Charter Review team. During our recent discussions, we identified a potential issue that may affect GNSO Stakeholder Groups (SGs) and Constituencies (Cs) which may warrant the attention of the SCI, which I understand you currently chair. With the introduction of New gTLDs, an increasing number of organisations now meet the criteria of membership within multiple groups, even across the contracting and non-contracting parties divide. The point in question is in relation to the ability for a member of multiple SGs and Cs to regularly switch their voting rights between these groups in a tactical manner, so as to apply votes for elections/decisions where they may have concerns with lack of representation within a specific group, at a specific time. Whilst they may only vote in one of the SGs or Cs, there is no restriction as to when and how frequently they may switch their voting power between these groups. This could be too flexible and potentially allow the system to be exploited. I am pleased to say that there is no evidence that this is occurring but as new members continue to increase, it seems sensible to consider preventative measures be put in place to protect the GNSO for the future. As an example, a multi-member organisation could be obliged to commit holding it's voting rights within one group for a minimum term of 12 months before switching to another group. Of course, this would need to be uniform across all of the SGs and Cs, hence, we think it is appropriate to raise this issue with the SCI for consideration. I would be happy to discuss further and interested to know if you feel this would be appropriate and worthwhile for the SCI to assess. Kind regards, Martin Martin C SUTTON Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> Website www.hsbc.com<http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! ________________________________ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions. ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

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Fwd: Request to the SCI - Vote switching
by Angie Graves March 25, 2015

March 25, 2015

Dear Anne, Mary and SCI, I am writing to share my thoughts with the SCI as a member of both the BC and the SCI. If any of my thoughts expressed below conflict with Mary Wong's pending response, I defer to her. I am inclined to think that I am speaking for more than just myself when I say that the SCI recognizes, too, the importance of this issue Martin has raised, and that we would like to be able to provide answers and resolution to the potential for abuse of voting rights. Unfortunately, the SCI's charter directs us to consider GNSO Council processes and procedures and Working Group guidelines that have been identified either by the GNSO Council or a group chartered by the GNSO Council as needing discussion (e.g. a WG). As the Business Constituency is one of the Constituencies within the Commercial Stakeholder Group (CSG) referred to in Article X.5 of the ICANN bylaws, and as the BC's charter review is not at the request of the GNSO Council, Martin's request lies outside of the SCI's scope. I am available to talk about this issue with Martin and/or with the BC Charter Review Drafting Team, and maybe determine together the optimal way forward. My suggestion is for the SCI to recommend that Martin raise this issue first inside the BC following the Drafting Team's completion of its first order of business--the charter review. In seeking BC consensus on the issue, requests for outside review will be thoroughly considered by the constituency, ideas for mitigation will be collected, and the best path forward with the issue will be determined and agreed upon by the BC membership. Thoughts? Thank you, Angie ---------- Forwarded message ---------- From: <martinsutton(a)hsbc.com> Date: Mon, Mar 9, 2015 at 5:26 AM Subject: RE: Request to the SCI - Vote switching To: "Aikman-Scalese, Anne" <AAikman(a)lrrlaw.com> Cc: Angie Graves <angie(a)webgroup.com>, "<gnso-improvem-impl-sc(a)icann.org>" < gnso-improvem-impl-sc(a)icann.org>, Julie Hedlund <julie.hedlund(a)icann.org>, Mary Wong <mary.wong(a)icann.org>, Ron Andruff <randruff(a)rnapartners.com> Dear Anne, Thank you for your helpful response and suggestion - all noted. Kind regards, Martin *Martin C SUTTON * Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email *martinsutton(a)hsbc.com* <martinsutton(a)hsbc.com> Website *www.hsbc.com* <http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! From: "Aikman-Scalese, Anne" <AAikman(a)lrrlaw.com> To: Martin C SUTTON/HGHQ/HSBC@HSBC Cc: 'Mary Wong' <mary.wong(a)icann.org>, Julie Hedlund < julie.hedlund(a)icann.org>, "<gnso-improvem-impl-sc(a)icann.org>" < gnso-improvem-impl-sc(a)icann.org>, 'Ron Andruff' <randruff(a)rnapartners.com>, 'Angie Graves' <angie(a)webgroup.com> Date: 07/03/2015 22:20 Subject: RE: Request to the SCI - Vote switching ------------------------------ Martin, Although SCI has not met, there has been some discussion on the list regarding your request on behalf of the BC Charter subteam. Staff (Mary Wong) is drafting a response to your request for SCI and will be circulating that response to SCI members for purposes of developing a consensus on the recommended approach for BC in this fact situation. At present we have no calls scheduled. If SCI members are not in agreement with the approach described in the draft response that staff is preparing, we will likely need to schedule a call to discuss in more detail than achieved to date on the list. In this regard, you may want to alert and brief the BC members of SCI as to this particular issue since, to my knowledge, neither one of the BC SCI appointees has commented in the discussion of this matter on the SCI list. Thank you, Anne *Anne E. Aikman-Scalese, Of Counsel* *Lewis Roca Rothgerber LLP | * *One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611* *(T) 520.629.4428 <520.629.4428> | (F) 520.879.4725 <520.879.4725>* *AAikman(a)LRRLaw.com* <AAikman(a)LRRLaw.com>* | **www.LRRLaw.com* <http://www.lrrlaw.com/> *From:* martinsutton(a)hsbc.com [mailto:martinsutton@hsbc.com <martinsutton(a)hsbc.com>] * Sent:* Friday, March 06, 2015 9:17 AM * To:* Aikman-Scalese, Anne * Subject:* Re: Request to the SCI - Vote switching Dear Anne, As a follow-up, could you please let me know when the SCI is next due to meet/discuss the item raised below? I just want to manage expectations with the BC Charter group, so an indicative time would be helpful. Kind regards, Martin * Martin C SUTTON * Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email *martinsutton(a)hsbc.com* <martinsutton(a)hsbc.com> Website *www.hsbc.com* <http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! From: Martin C SUTTON/HGHQ/HSBC To: "Anne Aikman-Scalese" <*AAikman(a)LRRLaw.com* <AAikman(a)LRRLaw.com>> Date: 26/02/2015 23:21 Subject: Re: Request to the SCI - Vote switching ------------------------------ Thank you Anne, much appreciated. Martin Sutton Manager, Group Fraud Risk and Intelligence Ph: ++44 (0)20 7991 8074 Mob: ++44 (0)777 4556680 Sent from my BlackBerry ********************************* HSBC Holdings plc Registered Office: 1 Canada Square, London E14 5AB, United Kingdom Registered in England number 617987 ********************************* ------------------------------ * From: *"Aikman-Scalese, Anne" [AAikman(a)lrrlaw.com] * Sent: *26/02/2015 20:31 GMT * To: *Martin C SUTTON * Subject: *RE: Request to the SCI - Vote switching Thanks Martin. I will bring this before SCI. Anne *Anne E. Aikman-Scalese, Of Counsel* *Lewis Roca Rothgerber LLP | * *One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611* *(T) 520.629.4428 <520.629.4428> | (F) 520.879.4725 <520.879.4725>* *AAikman(a)LRRLaw.com* <AAikman(a)LRRLaw.com>* | **www.LRRLaw.com* <http://www.lrrlaw.com/> * From:* *martinsutton(a)hsbc.com* <martinsutton(a)hsbc.com> [ *mailto:martinsutton@hsbc.com* <martinsutton(a)hsbc.com>] * Sent:* Thursday, February 26, 2015 12:30 PM * To:* Aikman-Scalese, Anne * Subject:* Request to the SCI - Vote switching Dear Anne, I am a member of the Business Constituency and currently working with the BC Charter Review team. During our recent discussions, we identified a potential issue that may affect GNSO Stakeholder Groups (SGs) and Constituencies (Cs) which may warrant the attention of the SCI, which I understand you currently chair. With the introduction of New gTLDs, an increasing number of organisations now meet the criteria of membership within multiple groups, even across the contracting and non-contracting parties divide. The point in question is in relation to the ability for a member of multiple SGs and Cs to regularly switch their voting rights between these groups in a tactical manner, so as to apply votes for elections/decisions where they may have concerns with lack of representation within a specific group, at a specific time. Whilst they may only vote in one of the SGs or Cs, there is no restriction as to when and how frequently they may switch their voting power between these groups. This could be too flexible and potentially allow the system to be exploited. I am pleased to say that there is no evidence that this is occurring but as new members continue to increase, it seems sensible to consider preventative measures be put in place to protect the GNSO for the future. As an example, a multi-member organisation could be obliged to commit holding it's voting rights within one group for a minimum term of 12 months before switching to another group. Of course, this would need to be uniform across all of the SGs and Cs, hence, we think it is appropriate to raise this issue with the SCI for consideration. I would be happy to discuss further and interested to know if you feel this would be appropriate and worthwhile for the SCI to assess. Kind regards, Martin * Martin C SUTTON * Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email *martinsutton(a)hsbc.com* <martinsutton(a)hsbc.com> Website *www.hsbc.com* <http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! ------------------------------ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions. ------------------------------ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521. ************************************************************ HSBC Holdings plc Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom Registered in England number 617987 ************************************************************ ------------------------------ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions. ------------------------------ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521. ************************************************************ HSBC Holdings plc Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom Registered in England number 617987 ************************************************************ ------------------------------ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions.

7 20

Template SCI requests for Council review submitted
by Mary Wong March 10, 2015

March 10, 2015

Dear all, The two template requests that were action items for Avri and staff from the GNSO¹s Singapore sessions have been completed and sent to the GNSO Council for its consideration. They have also been posted to the GNSO website: see http://gnso.icann.org/en/gnso-sci-review-overlap-waiver-resubmission-05mar15 -en.pdf and http://gnso.icann.org/en/gnso-sci-review-motions-05mar15-en.pdf. We expect that they will be on the Council¹s agenda for its next meeting on 19 March 2015, and we will provide the SCI with an update following the Council¹s deliberations. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org

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RE: Request to the SCI - Vote switching
by Aikman-Scalese, Anne March 7, 2015

March 7, 2015

Martin, Although SCI has not met, there has been some discussion on the list regarding your request on behalf of the BC Charter subteam. Staff (Mary Wong) is drafting a response to your request for SCI and will be circulating that response to SCI members for purposes of developing a consensus on the recommended approach for BC in this fact situation. At present we have no calls scheduled. If SCI members are not in agreement with the approach described in the draft response that staff is preparing, we will likely need to schedule a call to discuss in more detail than achieved to date on the list. In this regard, you may want to alert and brief the BC members of SCI as to this particular issue since, to my knowledge, neither one of the BC SCI appointees has commented in the discussion of this matter on the SCI list. Thank you, Anne [cid:image001.gif@01D057F4.D2F6F0E0] Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428 | (F) 520.879.4725 AAikman(a)LRRLaw.com<mailto:AAikman@LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/> From: martinsutton(a)hsbc.com [mailto:martinsutton@hsbc.com] Sent: Friday, March 06, 2015 9:17 AM To: Aikman-Scalese, Anne Subject: Re: Request to the SCI - Vote switching Dear Anne, As a follow-up, could you please let me know when the SCI is next due to meet/discuss the item raised below? I just want to manage expectations with the BC Charter group, so an indicative time would be helpful. Kind regards, Martin Martin C SUTTON Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> Website www.hsbc.com<http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! From: Martin C SUTTON/HGHQ/HSBC To: "Anne Aikman-Scalese" <AAikman(a)LRRLaw.com<mailto:AAikman@LRRLaw.com>> Date: 26/02/2015 23:21 Subject: Re: Request to the SCI - Vote switching ________________________________ Thank you Anne, much appreciated. Martin Sutton Manager, Group Fraud Risk and Intelligence Ph: ++44 (0)20 7991 8074 Mob: ++44 (0)777 4556680 Sent from my BlackBerry ********************************* HSBC Holdings plc Registered Office: 1 Canada Square, London E14 5AB, United Kingdom Registered in England number 617987 ********************************* ________________________________ From: "Aikman-Scalese, Anne" [AAikman(a)lrrlaw.com] Sent: 26/02/2015 20:31 GMT To: Martin C SUTTON Subject: RE: Request to the SCI - Vote switching Thanks Martin. I will bring this before SCI. Anne [cid:image001.gif@01D057F4.D2F6F0E0] Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428 | (F) 520.879.4725 AAikman(a)LRRLaw.com<mailto:AAikman@LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/> From: martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> [mailto:martinsutton@hsbc.com] Sent: Thursday, February 26, 2015 12:30 PM To: Aikman-Scalese, Anne Subject: Request to the SCI - Vote switching Dear Anne, I am a member of the Business Constituency and currently working with the BC Charter Review team. During our recent discussions, we identified a potential issue that may affect GNSO Stakeholder Groups (SGs) and Constituencies (Cs) which may warrant the attention of the SCI, which I understand you currently chair. With the introduction of New gTLDs, an increasing number of organisations now meet the criteria of membership within multiple groups, even across the contracting and non-contracting parties divide. The point in question is in relation to the ability for a member of multiple SGs and Cs to regularly switch their voting rights between these groups in a tactical manner, so as to apply votes for elections/decisions where they may have concerns with lack of representation within a specific group, at a specific time. Whilst they may only vote in one of the SGs or Cs, there is no restriction as to when and how frequently they may switch their voting power between these groups. This could be too flexible and potentially allow the system to be exploited. I am pleased to say that there is no evidence that this is occurring but as new members continue to increase, it seems sensible to consider preventative measures be put in place to protect the GNSO for the future. As an example, a multi-member organisation could be obliged to commit holding it's voting rights within one group for a minimum term of 12 months before switching to another group. Of course, this would need to be uniform across all of the SGs and Cs, hence, we think it is appropriate to raise this issue with the SCI for consideration. I would be happy to discuss further and interested to know if you feel this would be appropriate and worthwhile for the SCI to assess. Kind regards, Martin Martin C SUTTON Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> Website www.hsbc.com<http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! ________________________________ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions. ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521. ************************************************************ HSBC Holdings plc Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom Registered in England number 617987 ************************************************************ ________________________________ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely secure, error or virus-free. The sender does not accept liability for any errors or omissions. ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

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RE: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching
by Aikman-Scalese, Anne March 7, 2015

March 7, 2015

Thanks Mary. Based on previous experience, I wonder whether we can actually respond without some kind of consensus call among SCI members. Although Avri and Greg appear to agree regarding this procedural issue, there has been no full SCI discussion of the issue and no consensus call regarding this request. I think we have to be very careful, particularly after Avri's previous observations that decisions should not be made quickly or without thorough discussion. This reply will clearly be a formal reply from SCI to a member of the Charter committee of the BC - perhaps you should draft it and send out for consensus call? Thank you, Anne [cid:image001.gif@01D058E8.80EA9AA0] Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428 | (F) 520.879.4725 AAikman(a)LRRLaw.com<mailto:AAikman@LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/> From: Mary Wong [mailto:mary.wong@icann.org] Sent: Monday, March 02, 2015 9:06 AM To: Avri Doria; Aikman-Scalese, Anne; Lori Schulman Cc: Julie Hedlund Subject: Re: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching Hello Anne - do let us know if you'd like staff to assist with replying to Martin/the BC. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> From: Avri Doria <avri(a)acm.org<mailto:avri@acm.org>> Date: Thursday, February 26, 2015 at 22:03 To: "<gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>>" <gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>> Subject: Re: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching Hi, True. that meeting is Tuesday at 20 UTC. avri On 27-Feb-15 23:38, Mary Wong wrote: Thanks again, Avri and Greg - one additional point then is that, in sending the request back to the BC it may be helpful to add that they can also raise the issue with the GNSO Review Working Party through their representatives on that group. Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> From: Greg Shatan <gregshatanipc(a)gmail.com<mailto:gregshatanipc@gmail.com>> Date: Thursday, February 26, 2015 at 23:39 To: Avri Doria <avri(a)acm.org<mailto:avri@acm.org>> Cc: "<gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>>" <gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>> Subject: Re: [gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching I agree that this is not initially an SCI issue, and certainly not our issue to bring to the Council. Which in no way diminishes the issue, or even my potential concerns about the issue. SCI is just not the first stop on the path. On Thursday, February 26, 2015, Avri Doria <avri(a)acm.org<mailto:avri@acm.org>> wrote: Hi, Perhaps I could report on it to the G-council. But that does not strike me as the correct approach, unless I am reporting it as something we did not take on and kicked back. I think that if the CSG/BC wants this issue to be dealt with by the G-Council, it makes the most sense for them to make their case to the G-Council themselves. As a member of the group it is my belief that the only correct action for the SCI is to send it back to the BC with an indication that the proper approach to the SCI is through the GNSO Council. avri On 27-Feb-15 10:10, Mary Wong wrote: Thanks for the clarifications and suggestions, Avri and Greg! The GNSO Review topic is one that I believe will be on the agenda for either the next or following Council meeting. As such, perhaps Avri (as a Council member and Council liaison to the SCI) with staff support (as needed) can bring up this issue at the appropriate time? Speaking as a staffer, I feel I obliged to state that Greg's latter point - logical though it is - seems to raise broader questions concerning the appropriate scope of SG/C self-governance that go beyond the SCI's remit and that will most likely require consideration either as part of the GNSO Review or Council determination, or both. Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> From: Greg Shatan <gregshatanipc(a)gmail.com<mailto:gregshatanipc@gmail.com>> Date: Thursday, February 26, 2015 at 19:53 To: Avri Doria <avri(a)acm.org<mailto:avri@acm.org>> Cc: "<gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>>" <gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>> Subject: Re: [gnso-improvem-impl-sc] Re: Request to the SCI - Vote switching This could be a good issue for the GNSO review. However, I think an amendment to Section 6.2.6 of the GNSO Operating Procedures (which cover SG/C voting issues) would be a more elegant and consistent solution, rather than having each SG/C amend its own charter with its own rules regarding "carpet-baggers," The inconsistent results that could arise from that can only be imagined. Greg On Thu, Feb 26, 2015 at 6:43 AM, Avri Doria <avri(a)acm.org<mailto:avri@acm.org>> wrote: Hi, Thanks Mary for your reply. I want to add one thing, any such consideration more likely belongs in the GNSO Review as that is the group looking at how we organize our corner of bottom-up multistakeolder activities. Stakeholder group charters are approved by the Board as 'negotiated' between the SIC and the SGs. Constituencies are approved in a process defined by the SIC complemented by conditions defined in the SG charter. I do agree that there is complexity in dealing with the issue of a large corporation with many divisions, subsidiaries, employees, goals and business lines having only a vote in only one SG. Conveniently this may be the right time to get such considerations put on the table for the GNSO Review. On a technicality. we have specific rules about who has standing to present cases to the SCI. For items that are submitted for review 'on request', the SCI expects to receive detailed input from the group affected by the process/operational change concerned. Either the GNSO Council or a group chartered by the GNSO Council can make such requests. The first line refers, obliquely to the template Anne refered to and the staff is working on. Mary, thanks for the update. The second line refers to the issue of standing to submit such a template to the SCI. We actually had the specific discussion on whether SG and C had standing. As the SCI charter indicates we decided that they did not and they needed to bring issues in through the GNSO Council. I am sure we would all agree that the SG/C are not chartered by the GNSO Council. thanks avri On 27-Feb-15 07:05, Mary Wong wrote: Hello Anne and everyone, As an integral part of the bottom up consensus model, issues of voting and membership in each Stakeholder Group and Constituency are determined by their respective charters. Each SG or C develops and approves its own charter (as appropriate) and the Bylaws merely provide that the Board can review a group's charter periodically. It therefore follows that the GNSO Operating Procedures do not provide for the review, amendment or approval of an SG's or C's charter by a body other than that particular SG/C. The GNSO Operating Procedures do, however, prescribe certain common standards to be followed by each SG and C in its charter and operations, such as transparency, accountability, inclusiveness and representation. Accordingly, the Operating Procedures also specify that a group member's voting rights must be spelled out clearly in the group's charter, and that a legal or natural person may not be a voting member of more than one group. In line with the above-noted principles, the issue that Martin raises would seem to be something that the SGs and Cs will need to work out for and amongst themselves. As such, we suggest that the BC leadership consider initiating a discussion with other SG/C leaders on this point, to see if this is a matter that warrants either a revision of or addition to each group's charter. In addition, the BC itself may internally wish to propose such an update to its own charter, which it is of course at liberty to do as part of its ongoing self-governance (regardless of whether other SG/Cs wish to revise their own charters in the same way). As to your second question, staff has begun working on the action items noted in Singapore,, as we offered to do, and we will shortly be providing Avri with the basic template that she can use to present the topic to the GNSO Council for its consideration. At the moment, I do not know if it will be on the Council's agenda for its March meeting, as that will depend on the Council chairs' determination as to urgency and deadlines of other projects and topics. I expect that if it does not make it on to the agenda for the March meeting, it will likely be on the list for inclusion at the next one. I hope this helps! Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892<tel:%2B1%20603%20574%204892> Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> From: <Aikman-Scalese>, Anne <AAikman(a)lrrlaw.com<mailto:AAikman@lrrlaw.com>> Date: Thursday, February 26, 2015 at 15:42 To: "<gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>>" <gnso-improvem-impl-sc(a)icann.org<mailto:gnso-improvem-impl-sc@icann.org>> Cc: Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>>, Julie Hedlund <julie.hedlund(a)icann.org<mailto:julie.hedlund@icann.org>>, 'Avri Doria' <avri(a)acm.org<mailto:avri@acm.org>> Subject: FW: Request to the SCI - Vote switching Dear SCI members, Below is a written request to SCI from a member of the Business Constituency Charter Review Team. I am wondering whether this request must come officially from the BC in order to be considered by SCI. Separately, in the Singapore meeting, after delivery of the SCI report, Avri volunteered to draft a template for GNSO requests to SCI and to prepare drafts for Council of the two "immediate issue" requests mentioned in the SCI report, that is (1) friendly amendments to motions and (2) whether or not resubmitted motions are eligible for waiver of the ten day advance notice for motions. I understand that Avri will be reviewing draft language for these requests with the Council. It may make sense for us to see a draft and provide some comments, but that is up to Avri. So the questions for staff are: 1. Do I need to tell Martin Sutton (see note below) that the request must be submitted by the BC itself? 2. Where do the "friendly amendment" and "applicability of 10 day waiver to resubmitted motions" action items from the GNSO Council meeting in Singapore stand at this time? Thank you, Anne Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725> AAikman(a)LRRLaw.com<mailto:AAikman@LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/> From: martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> [mailto:martinsutton@hsbc.com] Sent: Thursday, February 26, 2015 12:30 PM To: Aikman-Scalese, Anne Subject: Request to the SCI - Vote switching Dear Anne, I am a member of the Business Constituency and currently working with the BC Charter Review team. During our recent discussions, we identified a potential issue that may affect GNSO Stakeholder Groups (SGs) and Constituencies (Cs) which may warrant the attention of the SCI, which I understand you currently chair. With the introduction of New gTLDs, an increasing number of organisations now meet the criteria of membership within multiple groups, even across the contracting and non-contracting parties divide. The point in question is in relation to the ability for a member of multiple SGs and Cs to regularly switch their voting rights between these groups in a tactical manner, so as to apply votes for elections/decisions where they may have concerns with lack of representation within a specific group, at a specific time. Whilst they may only vote in one of the SGs or Cs, there is no restriction as to when and how frequently they may switch their voting power between these groups. This could be too flexible and potentially allow the system to be exploited. I am pleased to say that there is no evidence that this is occurring but as new members continue to increase, it seems sensible to consider preventative measures be put in place to protect the GNSO for the future. As an example, a multi-member organisation could be obliged to commit holding it's voting rights within one group for a minimum term of 12 months before switching to another group. Of course, this would need to be uniform across all of the SGs and Cs, hence, we think it is appropriate to raise this issue with the SCI for consideration. I would be happy to discuss further and interested to know if you feel this would be appropriate and worthwhile for the SCI to assess. Kind regards, Martin Martin C SUTTON Manager, Group Fraud Risk & Intelligence Global Security & Fraud Risk Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom __________________________________________________________________ Phone +44 (0)207 991 8074 Mobile +44 (0)777 4556680 Email martinsutton(a)hsbc.com<mailto:martinsutton@hsbc.com> Website www.hsbc.com<http://www.hsbc.com/> __________________________________________________________________ Protect our environment - please only print this if you have to! ________________________________ ----------------------------------------- SAVE PAPER - THINK BEFORE YOU PRINT! This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. 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