[gnso-rpm-wg] New Chair Nomination

Phil Corwin psc at vlaw-dc.com
Sun Apr 10 15:56:59 UTC 2016

Thank you Kathy for your interest in assuming a leadership role in this WG. This WG has an embarrassment of riches in the experience, knowledge, and dedication of its members.

As Ed points out, there are a variety of ways in which WG members may choose to select and organize a leadership team. There can be a Chair and Vice Chairs, a number of Co-Chairs, and perhaps other potential structures. I will consult with staff to see whether some helpful guidance based on past leadership structures of other WGs (and recent CCWG efforts) can be provided to help guide the members on potential structures in advance of our initial April 21st meeting.

There is also a substantial possibility that, given the breadth and complexity of the work before us as well as the need for efficient task management, the WG will at some point in this endeavor decide to establish sub-teams to focus on discrete issues and report back to the full WG on findings and recommendation. So additional leadership opportunities may open up as we proceed.

From my personal point of view, the most important quality for whatever leadership team and structure is finally selected by this WG’s members is an ability to work in a collegial, coordinated, and mutually respectful manner that assures that all relevant points of view, facts, and policy considerations are taken into account in the course of our work.
It is also useful to remember that while any form of WG Chair is permitted to express opinions of the issues before us (so long as it is clear that the viewpoint is a personal one), the primary role of Chairs is one of work management, and Chairs are specifically barred from being advocates for specific outcomes. As noted in the Guidelines for GNSO WGS http://gnso.icann.org/en/council/annex-1-gnso-wg-guidelines-07apr11-en.pdf :
6.1.3 Purpose, Importance, and Expectations of the Chair
While open Working Groups may offer many benefits in terms of broad participation and support, it is equally important that inclusiveness does not compromise effectiveness. An experienced Chair with strong leadership and facilitation skills will be a key ingredient of a successful outcome. He or she should be able to distinguish between participants who offer genuine reasons for dissent and those who raise issues in an effort to block progress. The Chair should have the authority to enforce agreed upon rules applicable to anyone trying to disrupt discussions and be able to exclude individuals in certain cases, provided an avenue of appeal is available. In addition, the Chair should be able to ensure that anyone joining a Working Group after it has begun has reviewed all documents and mailing list postings and agrees not to reopen previously decided questions. However, if there is support from the Chair to reopen an issue in light of new information that is provided either by a new member or an existing member of the Working Group, this should be possible. The Chair is expected to assume a neutral role, refrain from promoting a specific agenda, and ensure fair treatment of all opinions and objectivity in identifying areas of agreement. This does not mean that a Chair experienced in the subject manner cannot express an opinion, but he or she should be explicit about the fact that a personal opinion or view is being stated, instead of a “ruling of the chair.‟ However, a Chair should not become an advocate for any specific position. The appointment of co-chairs could be considered and is encouraged as a way to share the burden, provide continuity in case of absence of the Chair as well as allowing group leaders to rotate their participation in the discussion. In addition, in certain circumstances the CO may decide that it must appoint a completely neutral and independent Chair who would not participate in the substance of the discussions. In such circumstances, the Chair would be appointed by the CO. Ideally, a Chair should have sufficient and substantive process expertise, possess leadership skills and be skilled in consensus building. The Chartering Organization, working with the Staff, might consider the use of a professional facilitator, in certain circumstances, to help a Chair ensure neutrality and promote consensus or to provide other capabilities and expertise.
Best to all,

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Edward Morris via gnso-rpm-wg
Sent: Sunday, April 10, 2016 11:15 AM
To: gnso-rpm-wg at icann.org; David W. Maher
Subject: Re: [gnso-rpm-wg] New Chair Nomination

Hello everybody,

This is certainly impressive! I can not ever remember such enthusiasm for a group that is still a few weeks away from its first meeting. My hat is off to my Council colleague Phil Corwin for his able and obviously inspiring stewardship of this group to date.

I am so excited Kathy Kleiman has offered to step up to Chair this group. It saves me the trouble of having to draft her! There is no one I know of in the GNSO community with the depth of experience, both inside ICANN and externally, on the subject matter this working group will be considering than that which Kathy possesses. These are tricky issues. Kathy has been there from day one helping this community to develop rights protection mechanisms that are appropriate, fair and balanced. We are so lucky that she once again is willing to step up and lead this effort!

A word about diversity. This working group will be considering issues that for many of us are the reasons we are involved with ICANN. Core issues. It will be a long and complex journey to its conclusion. We need a leadership for this WG that reflects the diversity of the GNSO, a balanced leadership that neither over-represents nor under-represents any stakeholder group or set of interests. I’d suggest that we might want to look at the example of the Next Gen RDS WG – like this one, a WG expected to be of long duration – where the leadership team reflects the GNSO itself and includes representation from each stakeholder group.

Thanks again Kathy – your experienced leadership will benefit all of us in this working group!

Kind Regards,

Ed Morris

From: "David W. Maher via gnso-rpm-wg" <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Sent: Sunday, April 10, 2016 3:56 PM
To: "gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>" <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Subject: Re: [gnso-rpm-wg] New Chair Nomination

I second the nomination of Kathy Kleiman
David W. Maher
Public Interest Registry
Senior Vice-President – Law & Policy
+1 312 375 4849

From: gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Kathy Kleiman via gnso-rpm-wg
Sent: Sunday, April 10, 2016 9:17 AM
To: gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
Subject: [gnso-rpm-wg] New Chair Nomination

Esteemed colleagues,
With nearly two weeks before our first meeting and new people joining this group on a regular basis, I would recommend that we continue to accept nominations for the leadership positions of this new WG.

Like J.Scott Evans, I served on the Final Drafting Team of the UDRP in 1999. With other friends in this WG, I served on Special Trademarks Initiative team (STI) that wrote the final versions of the Uniform Rapid Suspension and Trademark Clearinghouse adopted by GNSO Council and incorporated into the New gTLD Applicant Guidebook. Chuck Gomes, then Chair of the GNSO Council, wrote about the STI: “I have never been so impressed with the cooperative spirit of everyone on a team.”

I have served on innumerable ICANN task forces, working groups and a review team. I am co-founder of ICANN's Noncommercial Users Constituency and a member of the Noncommercial Stakeholders Group. I also lead the Internet Law & Policy Group of Fletcher, Heald & Hildreth in Washington DC.

I would be honored to represent this Working Group as chair for the important work ahead.

Best regards,
Kathy Kleiman

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