[gnso-improvem-impl-sc] Re: Request to the SCI - Vote switching
Mary Wong
mary.wong at icann.org
Mon Mar 9 20:11:42 UTC 2015
Dear Angie and everyone,
Thanks very much for the thoughtful comments I think we are both saying
very similar things! Essentially, the BC (like all other GNSO SG/Cs) defines
its own charter and scope, which is one reason why (as well as more general
reasons having to do with the fundamental community consensus-based
bottom-up ICANN structure) staff suggested that this is an issue best
determined by the BC itself. This can include all the considerations
mentioned by Angie, and the BC may also decide it wishes to discuss the
question with other GNSO SG/Cs. As we also noted, to the extent that a
substantial or discrete part the GNSO community then believes a more uniform
or coherent approach is needed, either the BC or another GNSO SG/C can bring
it up as part of the ongoing GNSO Review - a point that was noted by Avri as
something that can be done through each SG/C¹s representatives on the GNSO
Working Party, including the BC's.
Anne has requested that staff draft a response to Martin and the BC, which
we propose to do along these lines. Although we do not think this is
necessarily the type of matter that the SCI Charter was intended to cover,
nonetheless it may be helpful to see if this is a shared SCI view. Please
reply therefore if you have an objection to the proposed approach. If none
is received by 23:59 UTC on Wednesday 11 March, we will proceed as noted
herein.
Thanks and cheers
Mary
Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org
From: Angie Graves <angie at webgroup.com>
Date: Monday, March 9, 2015 at 11:52
To: Anne <AAikman at lrrlaw.com>, Mary Wong <mary.wong at icann.org>,
"<gnso-improvem-impl-sc at icann.org>" <gnso-improvem-impl-sc at icann.org>
Cc: Julie Hedlund <julie.hedlund at icann.org>, Ron Andruff
<randruff at rnapartners.com>
Subject: Fwd: Request to the SCI - Vote switching
> Dear Anne, Mary and SCI,
>
> I am writing to share my thoughts with the SCI as a member of both the BC and
> the SCI. If any of my thoughts expressed below conflict with Mary Wong's
> pending response, I defer to her.
>
> I am inclined to think that I am speaking for more than just myself when I say
> that the SCI recognizes, too, the importance of this issue Martin has raised,
> and that we would like to be able to provide answers and resolution to the
> potential for abuse of voting rights.
>
> Unfortunately, the SCI's charter directs us to consider GNSO Council processes
> and procedures and Working Group guidelines that have been identified either
> by the GNSO Council or a group chartered by the GNSO Council as needing
> discussion (e.g. a WG). As the Business Constituency is one of the
> Constituencies within the Commercial Stakeholder Group (CSG) referred to in
> Article X.5 of the ICANN bylaws, and as the BC's charter review is not at the
> request of the GNSO Council, Martin's request lies outside of the SCI's scope.
>
> I am available to talk about this issue with Martin and/or with the BC Charter
> Review Drafting Team, and maybe determine together the optimal way forward.
> My suggestion is for the SCI to recommend that Martin raise this issue first
> inside the BC following the Drafting Team's completion of its first order of
> business--the charter review. In seeking BC consensus on the issue, requests
> for outside review will be thoroughly considered by the constituency, ideas
> for mitigation will be collected, and the best path forward with the issue
> will be determined and agreed upon by the BC membership.
>
> Thoughts?
>
> Thank you,
>
> Angie
>
>
>
>
>
> ---------- Forwarded message ----------
> From: <martinsutton at hsbc.com>
> Date: Mon, Mar 9, 2015 at 5:26 AM
> Subject: RE: Request to the SCI - Vote switching
> To: "Aikman-Scalese, Anne" <AAikman at lrrlaw.com>
> Cc: Angie Graves <angie at webgroup.com>, "<gnso-improvem-impl-sc at icann.org>"
> <gnso-improvem-impl-sc at icann.org>, Julie Hedlund <julie.hedlund at icann.org>,
> Mary Wong <mary.wong at icann.org>, Ron Andruff <randruff at rnapartners.com>
>
>
> Dear Anne,
>
> Thank you for your helpful response and suggestion - all noted.
>
> 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 <tel:%2B44%20%280%29207%20991%208074>
> Mobile +44 (0)777 4556680 <tel:%2B44%20%280%29777%204556680>
> 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: "Aikman-Scalese, Anne" <AAikman at lrrlaw.com>
> To: Martin C SUTTON/HGHQ/HSBC at HSBC
> Cc: 'Mary Wong' <mary.wong at icann.org>, Julie Hedlund
> <julie.hedlund at icann.org>, "<gnso-improvem-impl-sc at icann.org>"
> <gnso-improvem-impl-sc at icann.org>, 'Ron Andruff' <randruff at rnapartners.com>,
> 'Angie Graves' <angie at webgroup.com>
> Date: 07/03/2015 22:20
> Subject: RE: Request to the SCI - Vote switching
>
>
>
>
> 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
>
>
>
>
>
>
> Anne E. Aikman-Scalese, Of Counsel
> Lewis Roca Rothgerber LLP |
> One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611
> (T) 520.629.4428 <tel:520.629.4428> | (F) 520.879.4725 <tel: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: 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 <tel:%2B44%20%280%29207%20991%208074>
> Mobile+44 (0)777 4556680 <tel:%2B44%20%280%29777%204556680>
> Emailmartinsutton at hsbc.com <mailto:martinsutton at hsbc.com>
> Websitewww.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 <tel:%2B%2B44%20%280%2920%207991%208074>
> Mob: ++44 (0)777 4556680 <tel:%2B%2B44%20%280%29777%204556680>
> 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
>
>
> Anne E. Aikman-Scalese, Of Counsel
> Lewis Roca Rothgerber LLP |
> One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611
> (T) 520.629.4428 <tel:520.629.4428> | (F) 520.879.4725 <tel: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 <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 <tel:%2B44%20%280%29207%20991%208074>
> Mobile+44 (0)777 4556680 <tel:%2B44%20%280%29777%204556680>
> Emailmartinsutton at hsbc.com <mailto:martinsutton at hsbc.com>
> Websitewww.hsbc.com <http://www.hsbc.com/>
>
>
>
>
> __________________________________________________________________
> Protect our environment - please only print this if you have to!
>
>
>
>
>
>
>
>
>
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> Registered in England number 617987
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