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

Aikman-Scalese, Anne AAikman at lrrlaw.com
Sat Mar 7 22:19:21 UTC 2015


Martin,
Although SCI has not met, there has been some discussion on the list regarding your request on behalf of the BC Charter subteam.

Staff (Mary Wong) is drafting a response to your request for SCI and will be circulating that response to SCI members for purposes of developing a consensus on the recommended approach for BC in this fact situation.  At present we have  no calls scheduled.  If SCI members are not in agreement with the approach described in the draft response that staff is preparing, we will likely need to schedule a call to discuss in more detail than achieved to date on the list.  In this regard, you may want to alert and brief the BC members of SCI as to this particular issue since, to my knowledge, neither one of the BC SCI appointees has commented in the discussion of this matter on the SCI list.
Thank you,
Anne





[cid:image001.gif at 01D057F4.D2F6F0E0]

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: Friday, March 06, 2015 9:17 AM
To: Aikman-Scalese, Anne
Subject: Re: Request to the SCI - Vote switching

Dear Anne,

As a follow-up, could you please let me know when the SCI is next due to meet/discuss the item raised below?  I just want to manage expectations with the BC Charter group, so an indicative time would be helpful.

Kind regards,

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

Phone

+44 (0)207 991 8074

Mobile

+44 (0)777 4556680

Email

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

Website

www.hsbc.com<http://www.hsbc.com/>



__________________________________________________________________
Protect our environment - please only print this if you have to!






From:        Martin C SUTTON/HGHQ/HSBC
To:        "Anne Aikman-Scalese" <AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com>>
Date:        26/02/2015 23:21
Subject:        Re: Request to the SCI - Vote switching
________________________________



Thank you Anne, much appreciated.

Martin Sutton
Manager, Group Fraud Risk and Intelligence
Ph:  ++44 (0)20 7991 8074
Mob:  ++44 (0)777 4556680
Sent from my BlackBerry

*********************************

HSBC Holdings plc
Registered Office: 1 Canada Square, London E14 5AB, United Kingdom
Registered in England number 617987

*********************************
________________________________

  From: "Aikman-Scalese, Anne" [AAikman at lrrlaw.com]
 Sent: 26/02/2015 20:31 GMT
 To: Martin C SUTTON
 Subject: RE: Request to the SCI - Vote switching

Thanks Martin. I will bring this before SCI.
Anne

[cid:image001.gif at 01D057F4.D2F6F0E0]

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> [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,

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



Phone

+44 (0)207 991 8074

Mobile

+44 (0)777 4556680

Email

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

Website

www.hsbc.com<http://www.hsbc.com/>




__________________________________________________________________
Protect our environment - please only print this if you have to!




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************************************************************
HSBC Holdings plc
Registered Office: 8 Canada Square, London E14 5HQ, United Kingdom
Registered in England number 617987
************************************************************

________________________________
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It may also be legally privileged. If you are not the addressee you may not copy,
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please delete it and all copies from your system and notify the sender immediately by
return E-mail.

Internet communications cannot be guaranteed to be timely secure, error or virus-free.
The sender does not accept liability for any errors or omissions.

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