[bc-gnso] BC charter v19

Tue Oct 27 15:42:52 UTC 2009

Sounds good to me as well and it should address the original concern
that led to this proposed language.

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: Mike O'Connor [mailto:mike at haven2.com] 
Sent: Tuesday, October 27, 2009 11:04 AM
To: Fares, David
Cc: Zahid Jamil; Deutsch, Sarah B; 'Marilyn Cade'; 'Philip Sheppard';
'bc - GNSO list'
Subject: Re: [bc-gnso] BC charter v19

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 <http://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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