[gnso-improvem-impl-sc] FW: Request to the SCI - Vote switching

Aikman-Scalese, Anne AAikman at lrrlaw.com
Thu Feb 26 20:42:49 UTC 2015

Dear SCI members,

Below is a written request to SCI from a member of the Business Constituency Charter Review Team.  I am wondering whether this request must come officially from the BC in order to be considered by SCI.

Separately, in the Singapore meeting, after delivery of the SCI report, Avri volunteered to draft a template for GNSO requests to SCI and to prepare drafts for Council of the two “immediate issue” requests mentioned in the SCI report, that is (1) friendly amendments to motions and (2) whether or not resubmitted motions are eligible for waiver of the ten day advance notice for motions.  I understand that Avri will be reviewing draft language for these requests with the Council.   It may make sense for us to see a draft and provide some comments, but that is up to Avri.

So the questions for staff are:

1.       Do I need to tell Martin Sutton (see note below) that the request must be submitted by the BC itself?

2.       Where do the “friendly amendment” and “applicability of 10 day waiver to resubmitted motions” action items from the GNSO Council meeting in Singapore stand at this time?

Thank you,

[cid:image001.gif at 01D051C9.7FCF9010]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: martinsutton at hsbc.com [mailto:martinsutton at hsbc.com]
Sent: Thursday, February 26, 2015 12:30 PM
To: Aikman-Scalese, Anne
Subject: Request to the SCI - Vote switching

Dear Anne,

I am a member of the Business Constituency and currently working with the BC Charter Review team.  During our recent discussions, we identified a potential issue that may affect GNSO Stakeholder Groups (SGs) and Constituencies (Cs) which may warrant the attention of the SCI, which I understand you currently chair.

With the introduction of New gTLDs, an increasing number of organisations now meet the criteria of membership within multiple groups, even across the contracting and non-contracting parties divide.  The point in question is in relation to the ability for a member of multiple SGs and Cs to regularly switch their voting rights between these groups in a tactical manner, so as to apply votes for elections/decisions where they may have concerns with lack of representation within a specific group, at a specific time. Whilst they may only vote in one of the SGs or Cs, there is no restriction as to when and how frequently they may switch their voting power between these groups.  This could be too flexible and potentially allow the system to be exploited.

I am pleased to say that there is no evidence that this is occurring but as new members continue to increase, it seems sensible to consider preventative measures be put in place to protect the GNSO for the future.  As an example, a multi-member organisation could be obliged to commit  holding it's voting rights within one group for a minimum term of 12 months before switching to another group.  Of course, this would need to be uniform across all of the SGs and Cs, hence, we think it is appropriate to raise this issue with the SCI for consideration.

I would be happy to discuss further and interested to know if you feel this would be appropriate and worthwhile for the SCI to assess.

Kind regards,

Manager, Group Fraud Risk & Intelligence
Global Security & Fraud Risk
Level 8,1 Canada Square,Canary Wharf,London,E14 5AB,United Kingdom


+44 (0)207 991 8074


+44 (0)777 4556680


martinsutton at hsbc.com<mailto:martinsutton at hsbc.com>



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