[At-review] Conflict of Interest

Burr, Becky Becky.Burr at wilmerhale.com
Fri Apr 30 22:26:45 UTC 2010


All,
 
To move the Conflict of Interest discussion along, I have taken the
liberty of drafting a policy based on the ICANN Board Conflict of
Interest Policy.  It is attached, as is an affirmation/disclosure form,
for your consideration.  It is structured as follows:
 

1.	Everybody is obligated to disclose any financial interest with
respect to any entity or individual with which ICANN has or is
negotiating a transaction, contract, dispute, or other arrangement.
That is very broad, and essentially requires us to articulate our
economic relationships with ICANN, registries, registrars, applicants,
etc.  Most of these relationships will have nothing to do with the work
of the Review Team, but will provide the "cards on the table"
transparency Peter referenced.
2.	All such disclosures would be distributed to members of the
Review Team, and made publicly available along with the RT's other
materials.
3.	Any member of the RT may ask the Chair (or the Vice Chair if the
potential conflict relates to the Chair) to convene a meeting (or
portion of a meeting) to discuss whether or not a financial interest
disclosed by a member of the team constitutes a conflict of interest.
4.	If, following such discussion, the other members of the RT
believe that the financial interest may adversely impact the disclosing
member's ability to act fairly and independently and in a manner that
furthers the independence, integrity, fairness, and objectivity of the
work of the RT, that member will not vote on or participate in
deliberations by the RT with respect to the matter.

 
I suspect that this is somewhat more elaborate than we actually need,
but I am conscious of the underlying motivations.  I thought the easiest
way to avoid spending more time than necessary debating the adequacy of
any policy we adopt was to start from the form that ICANN has adopted
for itself.  Inasmuch as my participation in the Review Team is likely
Mr. Beckstrom's motivation for raising this matter, I will forward my
own affirmation/disclosure in advance of our meeting on Wednesday.
 
Best,
 
Becky
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