July 2018 - IPC-GNSO - lists.icann.org

IGF MKD 2017
by Aleksandar Icokaev Oct. 24, 2019

Oct. 24, 2019

2 1

Re: [IPC-GNSO] IPC Membership Invoices - RiskIQ
by jonathan m July 20, 2018

July 20, 2018

Kiran, I have not accused you of cutting off my access - I said "I know you might not have done this and it could be another system error for which you have nothing to do." But I was saying that I wasn't sure if my email would go through, because when I tried to login to the IPC website, it denied me entry on the basis that I'm not a member. See attached. It's not intuitive that IPC website access and email access are not linked. So I sent it to both just in case. Furthermore, I feel that the IPC should ask the GNSO for a reprieve to carry out elections for its representatives for EPDP. This doesn't have to be formal. Anyone that wants to be considered should should be on the list as a candidate because the deliberation process leading up to the deadline to submit interest was also tainted. And SurveyMonkey would work just fine. I feel that the deliberation process for the IPC is not valid, and any results are tainted as well at this point. I also feel misled into having disqualified myself on the basis of additional requirements, but I do not think this this matters other than it reflects governance issues. The additional burdens being placed to influence me not to apply turned out to be inappropriate because it was being controlled by people who wanted to be a Rep. I don't think this was intentional but I was intentionally ignored for months on trying to understand how the IPC wants to tackle certain GDPR issues, and I am in fact a Member of the IPC. I need to go offline for the Sabbath here, and I am in Israel for the next several weeks, so please don't be offended if I don't respond until Sunday. And please, don't take this personally. It's really not personal. It has nothing to do with the people, all of whom I like very much. Jonathan Matkowsky VP, Cybersecurity, Privacy & IP JD, CIPP/EU, CIPT PGP Fingerprint EB45 EF13 14B8 2A1A 1783 1154 B6B6 AE12 A604 D2EC RiskIQ, Inc. | 22 Battery St. 10th Floor | San Francisco, CA 94111 | 1.888.415.4447 http://www.riskiq.com On Fri, Jul 20, 2018 at 3:36 PM, Kiran Malancharuvil <Kiran(a)winterfeldt.law> wrote: > No one has turned off your access Jonathan. I am unclear why you are accusing me of that. I am not even the person in the IPC that manages that. > > ICANN SOIs cannot be managed through the IPC website. > > This is not an appropriate issue/challenge to post on the listserv, but I need to respond here as you’ve made an unfounded accusation that I have restricted your access to the IPC after my good faith attempt to work with you to resolve your invoice. > > Kiran > > Kiran Malancharuvil > Associate & Policy Counsel > Winterfeldt IP Group > 415-419-9138 (m) > > Sent from my mobile, please excuse any typos. > >> On Jul 20, 2018, at 4:49 AM, jonathan m <jonathan.matkowsky(a)riskiq.net> wrote: >> >> Hi, Kiran, >> >> I did some more digging, and found the attached, reflecting payment >> through 2017. You mentioned below 2018 is current but I will find out >> if any payments have been made to IPC after July 7, 2017 for 2018. In >> any case, can you please turn back on my access to the IPC members' >> website? I know you might not have done this and it could be another >> system error for which you have nothing to do. I am looping the IPC in >> so we can figure it out. I was trying to go to the IPC site but my >> access was shut off. See the attached screenshot from today. I cannot >> find any records of being contacted regarding past due membership fees >> telling me my access would be terminated to the IPC website. I'd like >> to investigate that to make sure it doesn't happen to anyone else. The >> timing was unfortunate because I had literally just gone online to >> update my SOI when this happened. That's why I was surprised I >> couldn't get into the IPC website. I'm attaching the emails you sent >> today. It turns out the same invoice was sent twice so there are only >> two invoices you sent. They are attached. I'm copying >> ipc-gnso(a)icann.org to see who can help turn back on my access as I >> don't know if my access to the private list has also been shut off? >> Thanks for all the volunteer work you do on behalf of Members of the >> IPC, and representing our interests. I hope you will still consider me >> one of those Members until we get the audit sorted out. I have every >> intent of remaining a Member. >> >> Best regards, >> Jonathan >> >> _____________________________ >> Jonathan Matkowsky >> VP, Cybersecurity, Privacy & IP >> JD, CIPP/EU, CIPT >> PGP Fingerprint EB45 EF13 14B8 2A1A 1783 1154 B6B6 AE12 A604 D2EC >> RiskIQ, Inc. | 22 Battery St. 10th Floor | San Francisco, CA 94111 | >> 1.888.415.4447 >> http://www.riskiq.com >> >> On Fri, Jul 20, 2018 at 12:37 PM, Kiran Malancharuvil >> <Kiran(a)winterfeldt.law> wrote: >>> As I don't have any record of your previous payment on my end, both invoices are for unpaid periods of membership for Risk IQ. 2017 is past due and 2018 is current. I only sent two from the system, confirmed by the message report. I'm unclear why there is a third, I've indicated which two below require your attention. All membership periods are January 1 through December 31. As a policy (noted below), we do not prorate. That may have been done for you in the past as a courtesy, but we are not doing that anymore. >>> >>> Also as below, in response to whether the payee account is the same, yes, it is the same. You should not need another w9. >>> >>> I have apologized for the inconvenience and acknowledged the mistakes created by the system error twice. We are volunteers and doing our best. We ask members to keep records of payment to assist when these regrettable instances occur. >>> >>> Thanks, >>> >>> Kiran >>> >>> -----Original Message----- >>> From: jonathan matkowsky [mailto:jonathan.matkowsky@riskiq.net] >>> Sent: Friday, July 20, 2018 5:26 AM >>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>> Cc: Chantelle Doerksen <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >>> Subject: Re: IPC Membership Invoices - Risk IQ >>> >>> Kiran, I will look into this further on our end. Please advise whether any of the 3 emailed invoices are intended to cover a new billing period for membership, and if so, when that period began? Was that invoice sent to me for the first time today or is it a new one? Is it the first time it is going to a new payee account? If so, please send today the w9 so we can get everything taken care of as quickly and efficiently as possible. I hope that you get the books and records of the IPC in order. >>> It seems to be a bit of a mess! Thanks. >>> >>>> On 7/20/18 12:19 PM, Kiran Malancharuvil wrote: >>>> Yes, the same. Can you tell me the date of the payment? I can find it that way. >>>> >>>> -----Original Message----- >>>> From: jonmat [mailto:jdm@riskiq.net] >>>> Sent: Friday, July 20, 2018 5:18 AM >>>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>>> Cc: Chantelle Doerksen <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >>>> Subject: Re: IPC Membership Invoices - Risk IQ >>>> >>>> I found some indication that for an audit trail, we had to use an ACH payment and DocuSign. Is the payee account the same as it was when Lori was treasurer? If not, I can tell you that I know we will need to have another w9 form. Please advise. Thanks. >>>> >>>>> On Fri, Jul 20, 2018 at 12:15 PM, Kiran Malancharuvil <Kiran(a)winterfeldt.law> wrote: >>>>> Thank you Jonathan for helping. The membership system is a bit of a mess (no one's fault), and we aim to have it all set up by the end of this audit. Your assistance is appreciated! I will search on my end as well. >>>>> >>>>> Kiran >>>>> >>>>> -----Original Message----- >>>>> From: jonathan m [mailto:jonathan.matkowsky@riskiq.net] >>>>> Sent: Friday, July 20, 2018 5:14 AM >>>>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>>>> Cc: Chantelle Doerksen <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >>>>> Subject: Re: IPC Membership Invoices - Risk IQ >>>>> >>>>> I'll look through my emails to see what I can find >>>>> >>>>>> On Fri, Jul 20, 2018 at 12:10 PM, Kiran Malancharuvil <Kiran(a)winterfeldt.law> wrote: >>>>>> Thanks Jonathan, >>>>>> >>>>>> Invoices that are unpaid past 120 days are voided. Here are the voided invoices that are accessible through the Risk IQ account. >>>>>> >>>>>> You should have received two emails from IPLAC. One with an invoice that is for "Membership - Past Due - 2017" and one with an invoice that is for " Membership Renewal - Category 1A - RiskIQ, Inc. (through December 31, 2018)". I'm not sure what the third email would be. >>>>>> >>>>>> If someone made an Ad Hoc invoice for you with a prorated amount in the past, that invoice may not have been tethered to the Risk IQ account, which may be why I can't access it. I may be able to search for it in the other records. That would take some time. Do you recall who you worked with to get that invoice paid? Lori Schulman? >>>>>> >>>>>> Your accounting department is welcome to contact me with payment details (once we figure out the correct balance) and I can put the payment in, if that makes it easier. >>>>>> >>>>>> Best, >>>>>> >>>>>> Kiran >>>>>> >>>>>> Kiran Malancharuvil >>>>>> IPC Secretary >>>>>> >>>>>> >>>>>> Kiran Malancharuvil >>>>>> Associate & Policy Counselor >>>>>> Winterfeldt IP Group >>>>>> San Francisco, CA >>>>>> kiran(a)winterfeldt.law >>>>>> +1 415 419 9138 >>>>>> >>>>>> >>>>>> -----Original Message----- >>>>>> From: jonathan matkowsky [mailto:jonathan.matkowsky@riskiq.net] >>>>>> Sent: Friday, July 20, 2018 4:59 AM >>>>>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>>>>> Cc: 'Chantelle Doerksen' <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >>>>>> Subject: Re: IPC Membership Invoices - Risk IQ >>>>>> >>>>>> I received 3 different emails. Can you please assist in identifying who the payee was on the past invoices and the invoice numbers and dates when they were issued? I want to make this as easy as possible for our accounting to assist with. >>>>>> >>>>>>> On 7/20/18 11:53 AM, Kiran Malancharuvil wrote: >>>>>>> Thank you! It's entirely possible that it's a mistake in our system, Memberclicks. Please let me know what you find, and I will do my best to reconcile your records with ours. >>>>>>> >>>>>>> Best, >>>>>>> >>>>>>> Kiran >>>>>>> >>>>>>> Kiran Malancharuvil >>>>>>> IPC Secretary >>>>>>> >>>>>>> >>>>>>> >>>>>>> -----Original Message----- >>>>>>> From: jonathan matkowsky [mailto:jonathan.matkowsky@riskiq.net] >>>>>>> Sent: Friday, July 20, 2018 4:53 AM >>>>>>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>>>>>> Cc: 'Chantelle Doerksen' <chantelle.doerksen(a)icann.org>; REDACTED >>>>>>> <redacted(a)riskiq.net>; REDACTED(a)riskiq.net> >>>>>>> Subject: Re: IPC Membership Invoices - Risk IQ >>>>>>> >>>>>>> Hi, Kiran, >>>>>>> >>>>>>> Thanks, I will check on this. I thought we paid last year. I know when we joined, there was a pro rated invoice. I will ask REDACTED, copied on this email, to assist in auditing what we have paid to the IPC and making sure we are current. Thanks for bringing this to my attention. >>>>>>> >>>>>>> Best, >>>>>>> Jonathan >>>>>>> >>>>>>> >>>>>>>> On 7/20/18 11:48 AM, Kiran Malancharuvil wrote: >>>>>>>> Dear Jonathan, >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Per the below, the IPC is undergoing an audit to identify unpaid >>>>>>>> invoices, to ensure eligibility for upcoming elections and to make >>>>>>>> sure that our list and membership roster is up-to-date. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Our records indicate that Risk IQ account has gone unpaid since 2016. >>>>>>>> We sincerely apologize that this matter went overlooked. We are >>>>>>>> asking members who have mistakenly been allowed to continue >>>>>>>> participating in the IPC without payment to take care of last year >>>>>>>> (2017) and this year >>>>>>>> (2018) to be reinstated, without having to reapply. Could you >>>>>>>> take care of that this week or next? >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> I am sending you two invoices now, one is current for 2018 and the >>>>>>>> other is past due for 2017. They will come from IPLAC >>>>>>>> (Intellectual Property >>>>>>>> Constituency) ipc(a)memberclicks-mail.net >>>>>>>> <mailto:ipc@memberclicks-mail.net>. Can you please confirm to me >>>>>>>> here that you received BOTH invoices or let me know if you haven't. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Thank you for your prompt attention to this! We look forward to >>>>>>>> your continued participation in the IPC! >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Best, >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Kiran >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Kiran Malancharuvil >>>>>>>> >>>>>>>> IPC Secretary >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> ------------------------------------------------------------------ >>>>>>>> - >>>>>>>> - >>>>>>>> - >>>>>>>> - >>>>>>>> -- >>>>>>>> >>>>>>>> https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595f >>>>>>>> b >>>>>>>> 5 >>>>>>>> 9 >>>>>>>> d >>>>>>>> 73c5b113a1d2a61b_WIPG_LogoMark.png >>>>>>>> <https://www.winterfeldt.law/> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *Kiran Malancharuvil* >>>>>>>> >>>>>>>> Associate & Policy Counselor >>>>>>>> >>>>>>>> Winterfeldt IP Group >>>>>>>> >>>>>>>> San Francisco, CA >>>>>>>> >>>>>>>> kiran(a)winterfeldt.law <mailto:kiran@winterfeldt.law> >>>>>>>> >>>>>>>> +1 415 419 9138 >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *From:* listserv(a)ipconstituency.simplelists.com >>>>>>>> <mailto:listserv@ipconstituency.simplelists.com> >>>>>>>> [mailto:listserv@ipconstituency.simplelists.com] *On Behalf Of >>>>>>>> *Kiran Malancharuvil >>>>>>>> *Sent:* Thursday, July 19, 2018 7:10 PM >>>>>>>> *To:* IPC Discussion List <listserv(a)ipconstituency.org >>>>>>>> <mailto:listserv@ipconstituency.org>> >>>>>>>> *Cc:* Brian Winterfeldt <Brian(a)Winterfeldt.law >>>>>>>> <mailto:Brian@Winterfeldt.law>>; 'Victoria Sheckler' >>>>>>>> <vsheckler(a)riaa.com <mailto:vsheckler@riaa.com>>; 'John McElwaine' >>>>>>>> <john.mcelwaine(a)nelsonmullins.com >>>>>>>> <mailto:john.mcelwaine@nelsonmullins.com>>; 'Brian Scarpelli' >>>>>>>> <BScarpelli(a)actonline.org <mailto:BScarpelli@actonline.org>>; >>>>>>>> 'Chantelle Doerksen' <chantelle.doerksen(a)icann.org >>>>>>>> <mailto:chantelle.doerksen@icann.org>> >>>>>>>> *Subject:* [IPC Discussion List] IPC Member Action Requested - >>>>>>>> Records Audit/Voting Eligibility >>>>>>>> *Importance:* High >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Dear IPC Colleagues: >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> As mentioned during the IPC Membership and Policy Call on Tuesday, >>>>>>>> Chantelle Doerksen (IPC Secretariat) and I are undergoing a >>>>>>>> membership audit to ensure voter eligibility for the upcoming GNSO >>>>>>>> Councilor and IPC Officer elections. (Note: nominations are >>>>>>>> currently open for the GNSO Councilor elections, and voting begins >>>>>>>> on August >>>>>>>> 2.) We appreciate everyone's attention and cooperation while we >>>>>>>> ensure fair participation for everyone! >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> The key takeaway from this email (which is detailed to avoid >>>>>>>> confusion in this important manner) is the following: *_PLEASE >>>>>>>> WATCH YOUR INBOX FOR AN EMAIL FROM ME AND RESPOND PROMPTLY IF YOU RECEIVE ONE_*. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Voting eligibility is outlined in the IPC Bylaws*, Article >>>>>>>> III(D)(4) as >>>>>>>> follows: >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> /(4) No Category 1, 2, or 3 Member may vote unless:/ >>>>>>>> >>>>>>>> / / >>>>>>>> >>>>>>>> /(1) its dues are paid; and/ >>>>>>>> >>>>>>>> / / >>>>>>>> >>>>>>>> /(2) it does not vote in any other constituency or stakeholder group. >>>>>>>> An individual Category 1 member may not vote if his or her >>>>>>>> employer votes in another constituency or stakeholder group./ >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *NOTE: I highly encourage everyone to review the bylaws prior to >>>>>>>> the election, as there are further instructions on voting aside >>>>>>>> from the section about eligibility quoted here. They can be found here: >>>>>>>> http://www.ipconstituency.org/bylaws >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> In addition, please note IPC Bylaws Article III(A), which reads, >>>>>>>> in >>>>>>>> part: "/An individual can only represent one organization at the >>>>>>>> same time and may not serve as the representative for more than >>>>>>>> one category of membership./"// >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Taking into account these requirements, please review the following: >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *_Dues Payment per Article III(D)(4)(1)_* >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Almost 90% of IPC member accounts have outstanding 2018 invoices, >>>>>>>> which are in a grace period that expires at the end of July. A >>>>>>>> number of memberships are lapsed from previous years, but were not >>>>>>>> removed. Some of these issues are the result of a snafu with our >>>>>>>> membership management system, Memberclicks, which we have resolved. >>>>>>>> Chantelle and I will work through the member list and records to >>>>>>>> get everyone paid up. *_PLEASE WATCH YOUR INBOX FOR A COMMUNICATION FROM ME_*_*AND RESPOND PROMPTLY*_. >>>>>>>> Invoices will be sent from IPLAC (ipc(a)memberclicks-mail.net >>>>>>>> <mailto:ipc@memberclicks-mail.net>). Please add that email to >>>>>>>> your "safe sender" list to ensure that you are getting your invoices. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> If your/your organization's membership is multiple years behind in >>>>>>>> payment, *_you will be asked to pay 2017 and 2018 dues to reinstate_*. >>>>>>>> Alternatively you may reapply, but it takes up to 3 months to >>>>>>>> guide an application through the approval process. We do not >>>>>>>> prorate dues for partial year membership. If you believe any >>>>>>>> determination of delinquency was made in error, we are happy to >>>>>>>> reevaluate with documentation. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Members will have ONE WEEK (7 calendar days) to pay past-due >>>>>>>> membership fees upon notice. If you do not pay your invoice upon >>>>>>>> notice, you will be removed from the database and all IPC mailing lists. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Per IPC Bylaws, members must be eligible at the start of the >>>>>>>> election to vote. As a reminder, the GNSO Election begins on August 2, 2018. >>>>>>>> Please leave 2-3 business days for us to clear and verify payment. >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *_Declaring Membership in Other Constituencies/Stakeholder Groups >>>>>>>> per Article III(D)(4)(2)_* >>>>>>>> >>>>>>>> *_ _* >>>>>>>> >>>>>>>> If you, or your employer, is a voting member of another >>>>>>>> constituency or stakeholder group, you are *_NOT ELIGIBLE TO VOTE IN THE IPC_*. >>>>>>>> (You must still pay dues to remain on the list.) >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *_PLEASE SELF-DECLARE IF YOU ARE A VOTING MEMBER OF ANOTHER >>>>>>>> CONSTITUENCY OR STAKEHOLDER GROUP by responding to JUST ME AND >>>>>>>> CHANTELLE_*. Chantelle and I will also be verifying through >>>>>>>> communication with the other Secretariats (as much as is >>>>>>>> permitted), so please be honest. >>>>>>>> >>>>>>>> *_ _* >>>>>>>> >>>>>>>> *_Designated Representatives per Article III(A)_* >>>>>>>> >>>>>>>> *_ _* >>>>>>>> >>>>>>>> You cannot be a designated representative of more than one member. >>>>>>>> If you are a representative of more than one member (even if one >>>>>>>> is individual), please be prepared to designate a different voting >>>>>>>> representative for your organizational membership(s). >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Thank you again for your cooperation! >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Best, >>>>>>>> >>>>>>>> >>>>>>>> Kiran >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> Kiran Malancharuvil >>>>>>>> >>>>>>>> IPC Secretary >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> ------------------------------------------------------------------ >>>>>>>> - >>>>>>>> - >>>>>>>> - >>>>>>>> - >>>>>>>> -- >>>>>>>> >>>>>>>> https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595f >>>>>>>> b >>>>>>>> 5 >>>>>>>> 9 >>>>>>>> d >>>>>>>> 73c5b113a1d2a61b_WIPG_LogoMark.png >>>>>>>> <https://www.winterfeldt.law/> >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> *Kiran Malancharuvil* >>>>>>>> >>>>>>>> Associate & Policy Counselor >>>>>>>> >>>>>>>> Winterfeldt IP Group >>>>>>>> >>>>>>>> San Francisco, CA >>>>>>>> >>>>>>>> kiran(a)winterfeldt.law <mailto:kiran@winterfeldt.law> >>>>>>>> >>>>>>>> +1 415 419 9138 >>>>>>>> >>>>>>>> >>>>>>>> >> >> -- >> ******************************************************************* >> This >> message was sent from RiskIQ, and is intended only for the designated >> recipient(s). It may contain confidential or proprietary information and >> may be subject to confidentiality protections. If you are not a designated >> recipient, you may not review, copy or distribute this message. If you >> receive this in error, please notify the sender by reply e-mail and delete >> this message. Thank you. >> >> >> ******************************************************************* >> <RiskIQ Mail - IPC Membership Dues Payment Received.pdf> >> <invoice (3).pdf> >> <invoice (2).pdf> >> <invoice (1).pdf> >> <invoice_Redacted.pdf> -- _____________________________ Jonathan Matkowsky VP, Cybersecurity, Privacy & IP JD, CIPP/EU, CIPT PGP Fingerprint EB45 EF13 14B8 2A1A 1783 1154 B6B6 AE12 A604 D2EC RiskIQ, Inc. | 22 Battery St. 10th Floor | San Francisco, CA 94111 | 1.888.415.4447 http://www.riskiq.com -- ******************************************************************* This message was sent from RiskIQ, and is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. *******************************************************************

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Re: [IPC-GNSO] IPC Membership Invoices - RiskIQ
by jonathan m July 20, 2018

July 20, 2018

Hi, Kiran, I did some more digging, and found the attached, reflecting payment through 2017. You mentioned below 2018 is current but I will find out if any payments have been made to IPC after July 7, 2017 for 2018. In any case, can you please turn back on my access to the IPC members' website? I know you might not have done this and it could be another system error for which you have nothing to do. I am looping the IPC in so we can figure it out. I was trying to go to the IPC site but my access was shut off. See the attached screenshot from today. I cannot find any records of being contacted regarding past due membership fees telling me my access would be terminated to the IPC website. I'd like to investigate that to make sure it doesn't happen to anyone else. The timing was unfortunate because I had literally just gone online to update my SOI when this happened. That's why I was surprised I couldn't get into the IPC website. I'm attaching the emails you sent today. It turns out the same invoice was sent twice so there are only two invoices you sent. They are attached. I'm copying ipc-gnso(a)icann.org to see who can help turn back on my access as I don't know if my access to the private list has also been shut off? Thanks for all the volunteer work you do on behalf of Members of the IPC, and representing our interests. I hope you will still consider me one of those Members until we get the audit sorted out. I have every intent of remaining a Member. Best regards, Jonathan _____________________________ Jonathan Matkowsky VP, Cybersecurity, Privacy & IP JD, CIPP/EU, CIPT PGP Fingerprint EB45 EF13 14B8 2A1A 1783 1154 B6B6 AE12 A604 D2EC RiskIQ, Inc. | 22 Battery St. 10th Floor | San Francisco, CA 94111 | 1.888.415.4447 http://www.riskiq.com On Fri, Jul 20, 2018 at 12:37 PM, Kiran Malancharuvil <Kiran(a)winterfeldt.law> wrote: > As I don't have any record of your previous payment on my end, both invoices are for unpaid periods of membership for Risk IQ. 2017 is past due and 2018 is current. I only sent two from the system, confirmed by the message report. I'm unclear why there is a third, I've indicated which two below require your attention. All membership periods are January 1 through December 31. As a policy (noted below), we do not prorate. That may have been done for you in the past as a courtesy, but we are not doing that anymore. > > Also as below, in response to whether the payee account is the same, yes, it is the same. You should not need another w9. > > I have apologized for the inconvenience and acknowledged the mistakes created by the system error twice. We are volunteers and doing our best. We ask members to keep records of payment to assist when these regrettable instances occur. > > Thanks, > > Kiran > > -----Original Message----- > From: jonathan matkowsky [mailto:jonathan.matkowsky@riskiq.net] > Sent: Friday, July 20, 2018 5:26 AM > To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> > Cc: Chantelle Doerksen <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> > Subject: Re: IPC Membership Invoices - Risk IQ > > Kiran, I will look into this further on our end. Please advise whether any of the 3 emailed invoices are intended to cover a new billing period for membership, and if so, when that period began? Was that invoice sent to me for the first time today or is it a new one? Is it the first time it is going to a new payee account? If so, please send today the w9 so we can get everything taken care of as quickly and efficiently as possible. I hope that you get the books and records of the IPC in order. > It seems to be a bit of a mess! Thanks. > > On 7/20/18 12:19 PM, Kiran Malancharuvil wrote: >> Yes, the same. Can you tell me the date of the payment? I can find it that way. >> >> -----Original Message----- >> From: jonmat [mailto:jdm@riskiq.net] >> Sent: Friday, July 20, 2018 5:18 AM >> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >> Cc: Chantelle Doerksen <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >> Subject: Re: IPC Membership Invoices - Risk IQ >> >> I found some indication that for an audit trail, we had to use an ACH payment and DocuSign. Is the payee account the same as it was when Lori was treasurer? If not, I can tell you that I know we will need to have another w9 form. Please advise. Thanks. >> >> On Fri, Jul 20, 2018 at 12:15 PM, Kiran Malancharuvil <Kiran(a)winterfeldt.law> wrote: >>> Thank you Jonathan for helping. The membership system is a bit of a mess (no one's fault), and we aim to have it all set up by the end of this audit. Your assistance is appreciated! I will search on my end as well. >>> >>> Kiran >>> >>> -----Original Message----- >>> From: jonathan m [mailto:jonathan.matkowsky@riskiq.net] >>> Sent: Friday, July 20, 2018 5:14 AM >>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>> Cc: Chantelle Doerksen <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >>> Subject: Re: IPC Membership Invoices - Risk IQ >>> >>> I'll look through my emails to see what I can find >>> >>> On Fri, Jul 20, 2018 at 12:10 PM, Kiran Malancharuvil <Kiran(a)winterfeldt.law> wrote: >>>> Thanks Jonathan, >>>> >>>> Invoices that are unpaid past 120 days are voided. Here are the voided invoices that are accessible through the Risk IQ account. >>>> >>>> You should have received two emails from IPLAC. One with an invoice that is for "Membership - Past Due - 2017" and one with an invoice that is for " Membership Renewal - Category 1A - RiskIQ, Inc. (through December 31, 2018)". I'm not sure what the third email would be. >>>> >>>> If someone made an Ad Hoc invoice for you with a prorated amount in the past, that invoice may not have been tethered to the Risk IQ account, which may be why I can't access it. I may be able to search for it in the other records. That would take some time. Do you recall who you worked with to get that invoice paid? Lori Schulman? >>>> >>>> Your accounting department is welcome to contact me with payment details (once we figure out the correct balance) and I can put the payment in, if that makes it easier. >>>> >>>> Best, >>>> >>>> Kiran >>>> >>>> Kiran Malancharuvil >>>> IPC Secretary >>>> >>>> >>>> Kiran Malancharuvil >>>> Associate & Policy Counselor >>>> Winterfeldt IP Group >>>> San Francisco, CA >>>> kiran(a)winterfeldt.law >>>> +1 415 419 9138 >>>> >>>> >>>> -----Original Message----- >>>> From: jonathan matkowsky [mailto:jonathan.matkowsky@riskiq.net] >>>> Sent: Friday, July 20, 2018 4:59 AM >>>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>>> Cc: 'Chantelle Doerksen' <chantelle.doerksen(a)icann.org>; REDACTED(a)riskiq.net>; REDACTED(a)riskiq.net> >>>> Subject: Re: IPC Membership Invoices - Risk IQ >>>> >>>> I received 3 different emails. Can you please assist in identifying who the payee was on the past invoices and the invoice numbers and dates when they were issued? I want to make this as easy as possible for our accounting to assist with. >>>> >>>> On 7/20/18 11:53 AM, Kiran Malancharuvil wrote: >>>>> Thank you! It's entirely possible that it's a mistake in our system, Memberclicks. Please let me know what you find, and I will do my best to reconcile your records with ours. >>>>> >>>>> Best, >>>>> >>>>> Kiran >>>>> >>>>> Kiran Malancharuvil >>>>> IPC Secretary >>>>> >>>>> >>>>> >>>>> -----Original Message----- >>>>> From: jonathan matkowsky [mailto:jonathan.matkowsky@riskiq.net] >>>>> Sent: Friday, July 20, 2018 4:53 AM >>>>> To: Kiran Malancharuvil <Kiran(a)winterfeldt.law> >>>>> Cc: 'Chantelle Doerksen' <chantelle.doerksen(a)icann.org>; REDACTED >>>>> <redacted(a)riskiq.net>; REDACTED(a)riskiq.net> >>>>> Subject: Re: IPC Membership Invoices - Risk IQ >>>>> >>>>> Hi, Kiran, >>>>> >>>>> Thanks, I will check on this. I thought we paid last year. I know when we joined, there was a pro rated invoice. I will ask REDACTED, copied on this email, to assist in auditing what we have paid to the IPC and making sure we are current. Thanks for bringing this to my attention. >>>>> >>>>> Best, >>>>> Jonathan >>>>> >>>>> >>>>> On 7/20/18 11:48 AM, Kiran Malancharuvil wrote: >>>>>> Dear Jonathan, >>>>>> >>>>>> >>>>>> >>>>>> Per the below, the IPC is undergoing an audit to identify unpaid >>>>>> invoices, to ensure eligibility for upcoming elections and to make >>>>>> sure that our list and membership roster is up-to-date. >>>>>> >>>>>> >>>>>> >>>>>> Our records indicate that Risk IQ account has gone unpaid since 2016. >>>>>> We sincerely apologize that this matter went overlooked. We are >>>>>> asking members who have mistakenly been allowed to continue >>>>>> participating in the IPC without payment to take care of last year >>>>>> (2017) and this year >>>>>> (2018) to be reinstated, without having to reapply. Could you >>>>>> take care of that this week or next? >>>>>> >>>>>> >>>>>> >>>>>> I am sending you two invoices now, one is current for 2018 and the >>>>>> other is past due for 2017. They will come from IPLAC >>>>>> (Intellectual Property >>>>>> Constituency) ipc(a)memberclicks-mail.net >>>>>> <mailto:ipc@memberclicks-mail.net>. Can you please confirm to me >>>>>> here that you received BOTH invoices or let me know if you haven't. >>>>>> >>>>>> >>>>>> >>>>>> Thank you for your prompt attention to this! We look forward to >>>>>> your continued participation in the IPC! >>>>>> >>>>>> >>>>>> >>>>>> Best, >>>>>> >>>>>> >>>>>> >>>>>> Kiran >>>>>> >>>>>> >>>>>> >>>>>> Kiran Malancharuvil >>>>>> >>>>>> IPC Secretary >>>>>> >>>>>> >>>>>> >>>>>> ------------------------------------------------------------------ >>>>>> - >>>>>> - >>>>>> - >>>>>> - >>>>>> -- >>>>>> >>>>>> https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595f >>>>>> b >>>>>> 5 >>>>>> 9 >>>>>> d >>>>>> 73c5b113a1d2a61b_WIPG_LogoMark.png >>>>>> <https://www.winterfeldt.law/> >>>>>> >>>>>> >>>>>> >>>>>> *Kiran Malancharuvil* >>>>>> >>>>>> Associate & Policy Counselor >>>>>> >>>>>> Winterfeldt IP Group >>>>>> >>>>>> San Francisco, CA >>>>>> >>>>>> kiran(a)winterfeldt.law <mailto:kiran@winterfeldt.law> >>>>>> >>>>>> +1 415 419 9138 >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> *From:* listserv(a)ipconstituency.simplelists.com >>>>>> <mailto:listserv@ipconstituency.simplelists.com> >>>>>> [mailto:listserv@ipconstituency.simplelists.com] *On Behalf Of >>>>>> *Kiran Malancharuvil >>>>>> *Sent:* Thursday, July 19, 2018 7:10 PM >>>>>> *To:* IPC Discussion List <listserv(a)ipconstituency.org >>>>>> <mailto:listserv@ipconstituency.org>> >>>>>> *Cc:* Brian Winterfeldt <Brian(a)Winterfeldt.law >>>>>> <mailto:Brian@Winterfeldt.law>>; 'Victoria Sheckler' >>>>>> <vsheckler(a)riaa.com <mailto:vsheckler@riaa.com>>; 'John McElwaine' >>>>>> <john.mcelwaine(a)nelsonmullins.com >>>>>> <mailto:john.mcelwaine@nelsonmullins.com>>; 'Brian Scarpelli' >>>>>> <BScarpelli(a)actonline.org <mailto:BScarpelli@actonline.org>>; >>>>>> 'Chantelle Doerksen' <chantelle.doerksen(a)icann.org >>>>>> <mailto:chantelle.doerksen@icann.org>> >>>>>> *Subject:* [IPC Discussion List] IPC Member Action Requested - >>>>>> Records Audit/Voting Eligibility >>>>>> *Importance:* High >>>>>> >>>>>> >>>>>> >>>>>> Dear IPC Colleagues: >>>>>> >>>>>> >>>>>> >>>>>> As mentioned during the IPC Membership and Policy Call on Tuesday, >>>>>> Chantelle Doerksen (IPC Secretariat) and I are undergoing a >>>>>> membership audit to ensure voter eligibility for the upcoming GNSO >>>>>> Councilor and IPC Officer elections. (Note: nominations are >>>>>> currently open for the GNSO Councilor elections, and voting begins >>>>>> on August >>>>>> 2.) We appreciate everyone's attention and cooperation while we >>>>>> ensure fair participation for everyone! >>>>>> >>>>>> >>>>>> >>>>>> The key takeaway from this email (which is detailed to avoid >>>>>> confusion in this important manner) is the following: *_PLEASE >>>>>> WATCH YOUR INBOX FOR AN EMAIL FROM ME AND RESPOND PROMPTLY IF YOU RECEIVE ONE_*. >>>>>> >>>>>> >>>>>> >>>>>> Voting eligibility is outlined in the IPC Bylaws*, Article >>>>>> III(D)(4) as >>>>>> follows: >>>>>> >>>>>> >>>>>> >>>>>> /(4) No Category 1, 2, or 3 Member may vote unless:/ >>>>>> >>>>>> / / >>>>>> >>>>>> /(1) its dues are paid; and/ >>>>>> >>>>>> / / >>>>>> >>>>>> /(2) it does not vote in any other constituency or stakeholder group. >>>>>> An individual Category 1 member may not vote if his or her >>>>>> employer votes in another constituency or stakeholder group./ >>>>>> >>>>>> >>>>>> >>>>>> *NOTE: I highly encourage everyone to review the bylaws prior to >>>>>> the election, as there are further instructions on voting aside >>>>>> from the section about eligibility quoted here. They can be found here: >>>>>> http://www.ipconstituency.org/bylaws >>>>>> >>>>>> >>>>>> >>>>>> In addition, please note IPC Bylaws Article III(A), which reads, >>>>>> in >>>>>> part: "/An individual can only represent one organization at the >>>>>> same time and may not serve as the representative for more than >>>>>> one category of membership./"// >>>>>> >>>>>> >>>>>> >>>>>> Taking into account these requirements, please review the following: >>>>>> >>>>>> >>>>>> >>>>>> *_Dues Payment per Article III(D)(4)(1)_* >>>>>> >>>>>> >>>>>> >>>>>> Almost 90% of IPC member accounts have outstanding 2018 invoices, >>>>>> which are in a grace period that expires at the end of July. A >>>>>> number of memberships are lapsed from previous years, but were not >>>>>> removed. Some of these issues are the result of a snafu with our >>>>>> membership management system, Memberclicks, which we have resolved. >>>>>> Chantelle and I will work through the member list and records to >>>>>> get everyone paid up. *_PLEASE WATCH YOUR INBOX FOR A COMMUNICATION FROM ME_*_*AND RESPOND PROMPTLY*_. >>>>>> Invoices will be sent from IPLAC (ipc(a)memberclicks-mail.net >>>>>> <mailto:ipc@memberclicks-mail.net>). Please add that email to >>>>>> your "safe sender" list to ensure that you are getting your invoices. >>>>>> >>>>>> >>>>>> >>>>>> If your/your organization's membership is multiple years behind in >>>>>> payment, *_you will be asked to pay 2017 and 2018 dues to reinstate_*. >>>>>> Alternatively you may reapply, but it takes up to 3 months to >>>>>> guide an application through the approval process. We do not >>>>>> prorate dues for partial year membership. If you believe any >>>>>> determination of delinquency was made in error, we are happy to >>>>>> reevaluate with documentation. >>>>>> >>>>>> >>>>>> >>>>>> Members will have ONE WEEK (7 calendar days) to pay past-due >>>>>> membership fees upon notice. If you do not pay your invoice upon >>>>>> notice, you will be removed from the database and all IPC mailing lists. >>>>>> >>>>>> >>>>>> >>>>>> Per IPC Bylaws, members must be eligible at the start of the >>>>>> election to vote. As a reminder, the GNSO Election begins on August 2, 2018. >>>>>> Please leave 2-3 business days for us to clear and verify payment. >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> *_Declaring Membership in Other Constituencies/Stakeholder Groups >>>>>> per Article III(D)(4)(2)_* >>>>>> >>>>>> *_ _* >>>>>> >>>>>> If you, or your employer, is a voting member of another >>>>>> constituency or stakeholder group, you are *_NOT ELIGIBLE TO VOTE IN THE IPC_*. >>>>>> (You must still pay dues to remain on the list.) >>>>>> >>>>>> >>>>>> >>>>>> *_PLEASE SELF-DECLARE IF YOU ARE A VOTING MEMBER OF ANOTHER >>>>>> CONSTITUENCY OR STAKEHOLDER GROUP by responding to JUST ME AND >>>>>> CHANTELLE_*. Chantelle and I will also be verifying through >>>>>> communication with the other Secretariats (as much as is >>>>>> permitted), so please be honest. >>>>>> >>>>>> *_ _* >>>>>> >>>>>> *_Designated Representatives per Article III(A)_* >>>>>> >>>>>> *_ _* >>>>>> >>>>>> You cannot be a designated representative of more than one member. >>>>>> If you are a representative of more than one member (even if one >>>>>> is individual), please be prepared to designate a different voting >>>>>> representative for your organizational membership(s). >>>>>> >>>>>> >>>>>> >>>>>> Thank you again for your cooperation! >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> Best, >>>>>> >>>>>> >>>>>> Kiran >>>>>> >>>>>> >>>>>> >>>>>> Kiran Malancharuvil >>>>>> >>>>>> IPC Secretary >>>>>> >>>>>> >>>>>> >>>>>> ------------------------------------------------------------------ >>>>>> - >>>>>> - >>>>>> - >>>>>> - >>>>>> -- >>>>>> >>>>>> https://daks2k3a4ib2z.cloudfront.net/59358b8cf7332631232417e8/595f >>>>>> b >>>>>> 5 >>>>>> 9 >>>>>> d >>>>>> 73c5b113a1d2a61b_WIPG_LogoMark.png >>>>>> <https://www.winterfeldt.law/> >>>>>> >>>>>> >>>>>> >>>>>> *Kiran Malancharuvil* >>>>>> >>>>>> Associate & Policy Counselor >>>>>> >>>>>> Winterfeldt IP Group >>>>>> >>>>>> San Francisco, CA >>>>>> >>>>>> kiran(a)winterfeldt.law <mailto:kiran@winterfeldt.law> >>>>>> >>>>>> +1 415 419 9138 >>>>>> >>>>>> >>>>>> -- ******************************************************************* This message was sent from RiskIQ, and is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. *******************************************************************

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