Dear Angie and everyone, Thanks very much for the thoughtful comments I think we are both saying very similar things! Essentially, the BC (like all other GNSO SG/Cs) defines its own charter and scope, which is one reason why (as well as more general reasons having to do with the fundamental community consensus-based bottom-up ICANN structure) staff suggested that this is an issue best determined by the BC itself. This can include all the considerations mentioned by Angie, and the BC may also decide it wishes to discuss the question with other GNSO SG/Cs. As we also noted, to the extent that a substantial or discrete part the GNSO community then believes a more uniform or coherent approach is needed, either the BC or another GNSO SG/C can bring it up as part of the ongoing GNSO Review - a point that was noted by Avri as something that can be done through each SG/C¹s representatives on the GNSO Working Party, including the BC's. Anne has requested that staff draft a response to Martin and the BC, which we propose to do along these lines. Although we do not think this is necessarily the type of matter that the SCI Charter was intended to cover, nonetheless it may be helpful to see if this is a shared SCI view. Please reply therefore if you have an objection to the proposed approach. If none is received by 23:59 UTC on Wednesday 11 March, we will proceed as noted herein. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong@icann.org From: Angie Graves <angie@webgroup.com> Date: Monday, March 9, 2015 at 11:52 To: Anne <AAikman@lrrlaw.com>, Mary Wong <mary.wong@icann.org>, "<gnso-improvem-impl-sc@icann.org>" <gnso-improvem-impl-sc@icann.org> Cc: Julie Hedlund <julie.hedlund@icann.org>, Ron Andruff <randruff@rnapartners.com> Subject: Fwd: Request to the SCI - Vote switching
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@hsbc.com> Date: Mon, Mar 9, 2015 at 5:26 AM Subject: RE: Request to the SCI - Vote switching To: "Aikman-Scalese, Anne" <AAikman@lrrlaw.com> Cc: Angie Graves <angie@webgroup.com>, "<gnso-improvem-impl-sc@icann.org>" <gnso-improvem-impl-sc@icann.org>, Julie Hedlund <julie.hedlund@icann.org>, Mary Wong <mary.wong@icann.org>, Ron Andruff <randruff@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 <tel:%2B44%20%280%29207%20991%208074> Mobile +44 (0)777 4556680 <tel:%2B44%20%280%29777%204556680> Email martinsutton@hsbc.com <mailto:martinsutton@hsbc.com> Website www.hsbc.com <http://www.hsbc.com/>
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From: "Aikman-Scalese, Anne" <AAikman@lrrlaw.com> To: Martin C SUTTON/HGHQ/HSBC@HSBC Cc: 'Mary Wong' <mary.wong@icann.org>, Julie Hedlund <julie.hedlund@icann.org>, "<gnso-improvem-impl-sc@icann.org>" <gnso-improvem-impl-sc@icann.org>, 'Ron Andruff' <randruff@rnapartners.com>, 'Angie Graves' <angie@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 <tel:520.629.4428> | (F) 520.879.4725 <tel:520.879.4725> AAikman@LRRLaw.com <mailto:AAikman@LRRLaw.com> | www.LRRLaw.com <http://www.lrrlaw.com/>
From: martinsutton@hsbc.com [mailto:martinsutton@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 <tel:%2B44%20%280%29207%20991%208074> Mobile+44 (0)777 4556680 <tel:%2B44%20%280%29777%204556680> Emailmartinsutton@hsbc.com <mailto:martinsutton@hsbc.com> Websitewww.hsbc.com <http://www.hsbc.com/>
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From: Martin C SUTTON/HGHQ/HSBC To: "Anne Aikman-Scalese" <AAikman@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 <tel:%2B%2B44%20%280%2920%207991%208074> Mob: ++44 (0)777 4556680 <tel:%2B%2B44%20%280%29777%204556680> Sent from my BlackBerry
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From: "Aikman-Scalese, Anne" [AAikman@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 <tel:520.629.4428> | (F) 520.879.4725 <tel:520.879.4725> AAikman@LRRLaw.com <mailto:AAikman@LRRLaw.com> | www.LRRLaw.com <http://www.lrrlaw.com/>
From: martinsutton@hsbc.com <mailto:martinsutton@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 <tel:%2B44%20%280%29207%20991%208074> Mobile+44 (0)777 4556680 <tel:%2B44%20%280%29777%204556680> Emailmartinsutton@hsbc.com <mailto:martinsutton@hsbc.com> Websitewww.hsbc.com <http://www.hsbc.com/>
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