[bc-gnso] Question regarding "HOUSE" meeting on Saturday/: Comments on the v16 version of the draft Charter

Marilyn Cade marilynscade at hotmail.com
Thu Oct 22 13:29:10 UTC 2009

Dear BC colleaguesLike some, I am headed to an airport for a 20+ hour flight --arriving late on Friday night in Seoul.
Re CHARTER Changes: I have followed up and inserted my earlier ideas and concepts into the version of v16 that has Sarah Deutsch's additions and includes the additions of some of the association members. 
I added back in the separate designation of a uniquely elected CSG representative, as the primary CSG rep, backed up by an alternate of either the Chair, or the V.C. of operations and finance.
I also added in some clarifications regarding fair and transparent treatment of members who offer services as a core business. While these are often called 'consultants', for example, my own micro enterprise provides advice, strategy, and in some cases, what are called 'general consulting services'. We have had a tendency to have a category called consultants, which probably isn't necessary, unless we are seeking to recruit individuals who may not have incorporated businesses.  Sole proprietatorships may be a category.  Many constituencies do not allow individual members. I am  not clear from the charter on whether the BC does, or not, or whether we require all members to be incorporated as either a business, or trade association, or law firm, service provider, etc. 
The complexity of the changes embodied in the proposed charter are significant and deserve to be discussed. The original charter, which I helped to draft in 2001 was MUCH simplier.  I understand that the Board requires documents two weeks in advance, and aren't expecting complex charter changes. 
Since we can't have a formal vote that is inclusive of all members before the end of the ICANN board meeting, and since the Board is discussing GNSO Reform on Saturday and Sunday, I'm not clear on what our plan is regarding 1) discussion of the charter 2) incorporation of proposed changes that are still coming in 3) establishing a voting schedule 4) holding elections to replace offices who are term limited, etc. 
Separately, I understand that there is a 'house meeting' on Saturday at 9 a.m.
Can the BC officers post the proposed agenda for that to the BC members? 
It would also be good to have a 'huddle' of BC members with the officers before the "house" meeting -- perhaps at 8 a.m.? Is that feasible? 
I arrive too late Friday evening to participate in a meeting, but can be available as of 7 a.m. on Saturday. 
Marilyn Cade 

From: marilynscade at hotmail.com
To: randerson at interborder.ca; bc-gnso at icann.org
Subject: RE: [bc-gnso] Clarification as to which draft Charter to comment upon
Date: Wed, 21 Oct 2009 13:50:46 -0400

et me first respond to Sarah's suggestion about some of what was in the marked up version of the Current BC Charter. I'll look at what Sarah did, and then  comment on top of her comments on what is being called v.16. That won't happen until early Thursday, since I'm crashing on work related to broader ICANN comments re the meta issues of accountability, etc.  That way, Sarah's comments, my comments will all be in 'version v.16'. I think we have to try to have coherent and thoughtful discussions about some of these issues and they can't take place on the fly, or under a crisis time frame, or without the full ability of a broad and diverse group of members to participate.  Perhaps all of us can come away from the Seoul meeting with a better and broader understanding about schedules with a better understanding of how the GNSO restructuring is progressing, and what flexibility there is. 

Subject: [bc-gnso] Clarification as to which draft Charter to comment upon
Date: Wed, 21 Oct 2009 10:52:24 -0600
From: RAnderson at interborder.ca
To: bc-gnso at icann.org

I am concerned about the point regarding the same companies and even individuals participating in multiple constutuencies 

("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.")

In my view we are going ever deeper down the wrong path here.  The premise of ICANN's multiple constituency structure is to afford different voices a method to be heard, and to share knowledge, expertise and perspective with like-minded peers along with participating in the broader community.  But the morphing of this into the idea that the same organization or even person can wear mutliple hats and participate as a registrar or registry one day and a user the next, this seems wrong to me and at odds with the premise.

Can we not find of way of permitting people to sit in and contribute up to a point in various constituencies - in the interests of cross-fertilization and acknowledging that the same organization can have different activities - while at the same time requiring each member organization to declare one or another area as their principle interest vis-a-vis ICANN and that that constituency is the place where they have full membership and voting etc?

Thus will get somewhat easier if/when we ever actually get on with creating the commercial group, but in the meantime, let's not more deeply embed a bad practice.


Rick Anderson
EVP, InterBorder Holdings Ltd
email: randerson at interborder.ca
cell: (403) 830-1798

From: owner-bc-gnso at icann.org 
To: HASSAN Ayesha ; BC Secretariat ; BC gnso 
Sent: Wed Oct 21 10:00:55 2009
Subject: RE: [bc-gnso] Clarification as to which draft Charter to comment upon


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 
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 

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

From: owner-bc-gnso at icann.org 
[mailto:owner-bc-gnso at icann.org] On Behalf Of HASSAN 
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

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.
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 
3.3.2 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 

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

Posted on behalf of the BC 
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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