[bc-gnso] BC charter v19
Mike O'Connor
mike at haven2.com
Tue Oct 27 15:04:29 UTC 2009
i'm with David on this one. His sentence seems like what we need,
instead of all the prose;
"When a member is representing the BC, they should remain faithful to
approved BC positions"
end of story.
mikey
On Oct 27, 2009, at 9:00 AM, Fares, David wrote:
> Colleagues,
>
> I am still working through the Charter. Regarding solidarity
> though, I suggest that we rephrase the language to ensure that when
> a member is representing the BC that they are faithful to approved
> BC positions.. I am not sure that we need the more in-depth language.
>
> Thanks,
> David
>
> From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On
> Behalf Of Zahid Jamil
> Sent: Monday, October 26, 2009 6:54 PM
> To: 'Deutsch, Sarah B'; 'Marilyn Cade'; 'Philip Sheppard'; 'bc -
> GNSO list'
> Subject: RE: [bc-gnso] BC charter v19
>
> I would like to propose some alternative language in regards the
> following:
>
> 7.5. Solidarity
> Whenever a member speaks publicly within or to the ICANN community
> meetings and indicates to others that they are a Constituency
> member, it is likely that their view, statement or conduct may be
> interpreted by the ICANN community to be a Constituency approved
> position. As such, members are expected, when communicating on such
> occasions to ensure that their statement(s) and conduct do not
> undermine, prejudice or detract from an approved Constituency
> position(s). This will not affect a member’s right to communicate
> their own view, if distinct from an approved Constituency
> position(s) by clarifying that such a statement may differ from and
> does not reflect the approved Constituency position. Members of the
> Executive Committee are required to support approved constituency
> positions at all times. Both Members and Executive Committee Members
> may communicate dissent to a Constituency position providing they
> make it clear they are communicating in their personal capacity.
>
>
>
> 10. Privacy of personal data
> The Executive Committee, Secretariat, committees and members of the
> Constituency will ensure privacy of member’s and/or their
> representatives’ personal or personally identifiable data, and in
> particular shall not deal with such data in a manner beyond what is
> necessary for the purposes for which it was originally collected.
> Members may also decide to make such additional aspects of their
> data available for disclosure and may consent to any such disclosure
> by waiving such privacy requirements.
>
> [Maybe we could list/identify what sort of data we are targeting
> even if don’t necessarily put it into the draft it may help with
> explaining to all us members what we mean.]
>
>
>
>
>
> Sincerely,
>
> Zahid Jamil
> Barrister-at-law
> Jamil & Jamil
> Barristers-at-law
> 219-221 Central Hotel Annexe
> Merewether Road, Karachi. Pakistan
> Cell: +923008238230
> Tel: +92 21 5680760 / 5685276 / 5655025
> Fax: +92 21 5655026
> www.jamilandjamil.com
>
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> From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On
> Behalf Of Deutsch, Sarah B
> Sent: Tuesday, October 27, 2009 2:43 AM
> To: Marilyn Cade; Philip Sheppard; bc - GNSO list
> Subject: RE: [bc-gnso] BC charter v19
>
> I concur that the idea of a one year term should be given serious
> consideration. The IPC has followed this model and it works well.
>
> I see that the overly broad "solidarity" language still remains in
> the draft. Despite suggestions to try to figure how how more
> accurately the language to situations where members are speaking
> publicly to the ICANN community, the language remains unchanged.
> As Marilyn notes correctly below, instead of drafting solidarity
> language that actually explains what the problem is and how to
> implement it in a narrow manner, the draft goes in the opposite
> direction by allowing executive committee members a carve out from
> BC positions when they speak in their personal capacity. If anyone
> has an obligation to adhere to the "solidarity" principle without
> the opportunity to give mixed messages publicly or privately, it
> should be executive committee members.
>
> Finally, I note that the troubling privacy language remains in the
> draft unchanged. No one has answered the fundamental question of
> whether ordinary BC members will be gaining access to personally
> identifiable or sensitive personal information (and what information
> that is) and how ordinary BC members are allegedly "processing" such
> information. Other BC members can weigh in, but we do not want to
> have any access to sensitive personal information as part of our BC
> membership. As mentioned earlier, requiring compliance with
> "prevailing privacy laws" is meaningless since such laws differ
> signficantly depending on jurisdiction. At a minimum ONLY the
> Secretariat and Exec Committee Members should be subject to this
> language assuming they may have access to sensitive personal
> information.
>
>
> 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 Marilyn Cade
> Sent: Monday, October 26, 2009 1:25 AM
> To: Philip Sheppard; bc - GNSO list
> Subject: RE: [bc-gnso] BC charter v19
>
>
> Philip, thanks.
> a few initial comments, and then I'll read through again and flag
> any areas for the BC members of concern to me.
>
> I appreciate that you have now been able to incorporate some of my
> comments in this version.
> However, I had asked to have a specially designated elected member
> as the primary CSG rep, and I'd like that added into the list of
> elected positions. There seems clear merit to distributing work,
> and avoiding conflicts of interests by putting too many roles into a
> single party, or small number of individuals. Spreading work, makes
> lighter work loads, as we all know. It does mean that coordination
> are important, of course.
>
> A change that I feel strongly about is that the officers should have
> only one year terms, with a term limit of no more than three yaers.
> That is what the IPC does, and it seems prudent to move to one year
> terms.
>
> In 4.8, we need to make the description consistent within the body
> of the section to secretariat services, rather than continue to use
> the term "Secretariat", since the members haven't supported a
> continuation of a retained position, and the approach being proposed
> will allow flexibility to either use contracted services or services
> from ICANN.
>
> I see that this now proposes that executive committee members need
> not adhere to the BC position. This goes too far. If one is an
> elected officer, then one has a duty to adhere to the BC position.
> Can we discuss when you would envision an executive committee member
> 'acting in their individual capacity'? That might clear up the
> confusion for me on that one.
>
> I see that this charter is continuing to propose a list
> administrator. I'm not sure that is a separate function from
> 'secretariat services'. We want to avoid creating someone who is the
> 'email police', who has to make judgements about other members
> communications; I don't see that function in other constituencies --
> and suggest that we simply have principled approaches to efficient
> communications.
>
> We can briefly discuss the CSG representative at the huddle this p.m.
>
> Marilyn
>
>
>
>
> > Date: Mon, 26 Oct 2009 05:27:20 +0100
> > Subject: [bc-gnso] BC charter v19
> > From: philip.sheppard at aim.be
> > To: bc-gnso at icann.org
> >
> >
> > I attach the latest version for discussion.
> > I believe we are nearly there.
> > It factors in the majority of clarifying redrafts that have been
> suggested
> > with the exception of redrafts that replaced current charter text
> that was
> > to date unaltered.
> >
> > I will pull out those few remaining bigger changes that have been
> proposed
> > for discussion at the BC meeting in Seoul.
> >
> > Philip
> >
>
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