[bc-gnso] Clarification as to which draft Charter to comment upon

Wed Oct 21 16:00:55 UTC 2009

All,

I would like to suggest some initial changes to version 16 of the draft
charter, which includes the good change Ayesha inserted below.   On a
related topic, we think it is important to delete the section on
"divisional separation" as many BC members, large and small, have
limited resources and should have the flexibility to have the same
person or overlapping persons representing them on different
constituencies.  

You'll see a number of other edits, including those that soften the tone
of the charter, focusing more on reasonable practices and less on
sanctions.  For example, although I understand the intent behind the
"solidarity clause," the language about "remaining faithful to approved
positions" is too vague and sounds somewhat totalitarian. Both companies
and individuals' positions can change.  I don't think we need this
language in light of the other language in the charter on expected
standards of behavior. 

I also made changes to clarify that the Consitutency as a whole should
decide which issues are priority policy issues.  The role of the vice
chair for policy should more reasonably be to coordinate with members as
to which policies are priorities, not to make those decisions
unilaterally.  Finally, I deleted the provision about compliance with
"prevailing privacy laws" since there are literally thousands of laws
and regulations around the world and no one BC member can reasonably be
expected to know them all.  The language requiring general compliance
with the care of personal data should be sufficient.

Note that all of these are initial proposed changes to this document
only.  I also liked the draft charter that Marilyn posted earlier and
saw it as largely non-controversial.  If it is not feasible to work off
the many good suggestions in her draft, Marilyn should be provided with
the opportunity to insert the best aspects of that document into the
current draft for further consideration.  

Sarah

Sarah B. Deutsch
Vice President & Associate General Counsel
Verizon Communications
Phone: 703-351-3044
Fax: 703-351-3670
sarah.b.deutsch at verizon.com

________________________________

From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf
Of HASSAN Ayesha
Sent: Wednesday, October 21, 2009 6:14 AM
To: BC Secretariat; BC gnso
Subject: RE: [bc-gnso] Clarification as to which draft Charter to
comment upon

Dear colleagues,

I would like to suggest the addition of clear language in 3.3.2 to
ensure that business associations like ICC and others who have members
who belong to other ICANN constituencies are not excluded from BC
membership because of the range of their membership. See suggested
addition below in yellow highlighting and underlined. Text to this
effect would ensure that business organizations like ICC, USCIB and
others can remain BC members.

Best regards,

Ayesha

3.3. Membership Criteria

3.3.1 In keeping with the selective membership criteria of other GNSO
constituencies, the Business Constituency represents the interests of a
specific sector of Internet users. The purpose of the Constituency is to
represent the interests of businesses described in Article 3.1.

3.3.2 To avoid conflicts of interest this excludes: not for profit
entities excepting trade associations representing for profit entities;
entities whose prime business is a registry, registry operator,
prospective registry, registrar, reseller, other domain name supplier
interests, or similar; other groups whose interests may not be aligned
with business users described in Article 3.1. Trade associations whose
members may also include companies/associations that belong to or could
belong to any of the other ICANN constituencies are not excluded from BC
membership.

________________________________

From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf
Of BC Secretariat
Sent: mercredi 21 octobre 2009 11:19
To: BC gnso
Subject: [bc-gnso] Clarification as to which draft Charter to comment
upon

Posted on behalf of the BC Officers

Dear Members,

Consequent to some queries regarding which draft of the Charter members
should comment upon.  For clarification and to save the little time left
in terms of the Charter submission please note that the Charter under
discussion and for comments is the 'BC charter 2009 v16.doc' which is
attached for members' convenience.

BC Officers

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