[council] GAC Liaison - Update

Wed Jun 8 17:09:53 UTC 2016

Folks -  Perhaps we could all step back just a bit and reset the conversation on this topic.

A reminder that the proposal on the table calls for an extension through ICANN57.  More time could lead to additional candidates, and could also be an opportunity for our current candidate to amend/augment his submission.

Donna, Heather and I are working with Staff to follow the process that was adopted by the Council, and tracks closely to the selection process used last time around. But we are not bound by tradition, and if the Council wants to amend the process, then an extension also benefits us, in granting an opportunity to make changes (re: expectations of confidentiality, qualifications sought, etc.).

Thanks—

J.

From: Volker Greimann <vgreimann at key-systems.net<mailto:vgreimann at key-systems.net>>
Date: Wednesday, June 8, 2016 at 11:48
To: Paul McGrady <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>>, 'Amr Elsadr' <aelsadr at egyptig.org<mailto:aelsadr at egyptig.org>>
Cc: James Bladel <jbladel at godaddy.com<mailto:jbladel at godaddy.com>>, 'Susan Kawaguchi' <susank at fb.com<mailto:susank at fb.com>>, GNSO Council List <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] GAC Liaison - Update

Frankly,  I am disappointed in this attempt to both shoehorn a particular candidate into position ("Let’s do the right thing and move forward with confirming Colin for this position") and at the same time cast James in a partisan light ("why the folks you represent on Council may be unhappy"), when it was the entire leadership team that made this decision.

Let's leave such antics to the Trump team.

If Colin is indeed qualified for the position, maybe he should have made a better case in his application instead of providing a minimalistic EOI and he can always re-submit his application during the extention and make a better case. While the process could have been more transparent, I have full confidence that this couse of action will allow for a better result, which may be Colin after all.

Just because there is only one candidate for a given position does not mean that he has to be chosen. I believe such a course of action was also adopted by the CSG when it came to the election process for the GNSO council leadership a few months back. If the candidate does not appear qualified, extending the search for candidates is a good result, especially when the previous holder of the position is willing to stay on until his replacement is found.

I had hoped we as a council would be able to move beyond partisan politics and focus on doing our job as best we can to the benefit of the entire community.

Best,

Volker

Am 08.06.2016 um 17:33 schrieb Paul McGrady:
Hi Amr,

These are great questions and in an open and transparent process where someone is not disqualified in a vacuum, we would have had opportunity to ask Colin that question.  You say you don’t know Colin and it appears the top-down process of pre-disqualification will ensure that you won’t meet him in the context of his candidacy.   If there were a non-top down, open, transparent process in place, which there doesn’t appear to be, perhaps he would have replied that, of course, he has experience in GAC policy development as that policy effects all of his clients who operate in the space and that is precisely why he was chose by INTA with its 9000 members to be in the GAC policy related leadership role he is in presently.  However, from James’ last post, it appears that there will be no opportunity for the GNSO Council to hear from Colin and no real consideration given to his well-qualified candidacy.

Regards,
Paul

From:owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [mailto:owner-council at gnso.icann.org] On Behalf Of Amr Elsadr
Sent: Wednesday, June 08, 2016 9:57 AM
To: Paul McGrady
Cc: James M. Bladel; Susan Kawaguchi; GNSO Council List
Subject: Re: [council] GAC Liaison - Update

Hi Paul,

I don’t know Colin, but he sounds like a very accomplished person. If he really was the sole applicant, then I am at least glad that he is interested in the job, as well as in GAC participation in the GNSO’s PDP.

Still…, your description of Colin does not (as far as I can tell) include any actual experience with GNSO processes. Considering the nature of the role and duties of the GAC Liaison, wouldn’t you agree that there is a reason why experience in policy development in the GNSO is the main consideration that needs to be taken into account? This includes understanding of the procedural nuances of the process, as well as the substantive policy issues.

Then again, maybe he does have experience with the GNSO, and I am just unaware. Like I said, I don’t know Colin personally.

Thanks.

Amr

On Jun 8, 2016, at 4:17 PM, Paul McGrady <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>> wrote:

Hi James,

This is very disturbing.  I happen to know that Colin O’Brien, an IPC member expressed interest, so the person you are attempting to exclude is – naturally – an IPC member.  I do not, and in the strongest terms, agree with your conclusion that Colin is unqualified.  The facts reveal quite the opposite.  Colin is the Chair of INTA’s Subcommittee on GAC issues where he oversees approximately 25 volunteers all focus on policy issues related to the GAC.  His policy work has been extremely important to the development of policy through his role at INTA and the IPC. He has a long history of being at ICANN meetings – where you will find him in every GAC session, being a careful student of the process, and going back to lead policy efforts in his role within INTA.   I can understand why the folks you represent on Council may be unhappy that they could not locate a volunteer to step forward, but that is not the same thing as Colin – a bright young lawyer with an international practice focusing in the ICANN space – being unqualified (unless being an IPC member is an automatic disqualification, in which case let’s just state that openly and discuss whether or not that is appropriate).  .

So, I say that Colin is not only qualified, but that he is the most qualified of any candidate that came forward.  I see no reason to allow one SC to set the agenda here nor do I see any reason to exclude IPC members from this important role.  Let’s do the right thing and move forward with confirming Colin for this position.

Regards,
Paul

From: <mailto:owner-council at gnso.icann.org> owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [<mailto:owner-council at gnso.icann.org>mailto:owner-council at gnso.icann.org] On Behalf Of James M. Bladel
Sent: Wednesday, June 08, 2016 6:59 AM
To: Susan Kawaguchi; GNSO Council List
Subject: Re: [council] GAC Liaison - Update

Hi Susan -

You are correct, and I do recall the Council's conversation in Marrakesh, but the group didn’t come to a decision either way.   Referencing the selection process and criteria contained in the "Call for Candidates"(attached) that was adopted by the Council and distributed by Glen to the SGs and Cs, we note under “skills and experience” that:

* Significant experience in and knowledge of the GNSO policy development process as well as of recent and current policy work under discussion and / or review in the GNSO
And
* A former or recently departed GNSO Councilor is likely to be well-qualified for the position but this is not a necessary criterion for the Liaison.

With the first being held up as a requirement, and the second expressed more as a “plus”.

In our current situation, I can report that we received one submission, and it did not meet ether criteria.  This could be because the candidate lacks the requested experience, or because their submitted Expression of Interest was incomplete.  We also received a handful (~3) verbal inquiries from other candidates, but those were later withdrawn.  In all  scenarios, I believe our selection would benefit from extending the call for candidates and evaluation through ICANN 57.

If it the consensus of the Council is that we now publish the submission received (including the candidate’s name), then I would ask Council to grant me the opportunity to go back to that candidate and obtain their consent, and that publication of the EOI should only proceed if the candidate agrees.

Thanks—

J.

From: Susan Kawaguchi <susank at fb.com<mailto:susank at fb.com>>
Date: Tuesday, June 7, 2016 at 16:42
To: James Bladel <jbladel at godaddy.com<mailto:jbladel at godaddy.com>>, Paul McGrady <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>>, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>, GNSO Council List <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] GAC Liaison - Update

Hi James,

We had a brief discussion about this in Marrakech and I didn’t understand why this had to be secretive at that time.    Who would make the selection if we had enough candidates?

The CCT review team had over 70 applicants and everyone knows who applied and who was selected on the team.

I think we aim for more transparency.
Susan Kawaguchi
Domain Name Manager
Facebook Legal Dept.

From: <<mailto:owner-council at gnso.icann.org>owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org>> on behalf of "James M. Bladel" <<mailto:jbladel at godaddy.com>jbladel at godaddy.com<mailto:jbladel at godaddy.com>>
Date: Tuesday, June 7, 2016 at 2:27 PM
To: Paul McGrady <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>>, 'Phil Corwin' <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>, 'GNSO Council List' <<mailto:council at gnso.icann.org>council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] GAC Liaison - Update

Hi Paul -

Even if we had received a greater response and stuck with the original time line, the published Evaluation & Selection process did not envision disclosing the names of those volunteers who were not selected.

I think that still applies, and we should not publish names on a public list. It would discourage folks from volunteering for future liaison roles, or change the reception of the Liaison by the GAC if that person were ultimately selected in the Fall.

Thanks—

J.

From: Paul McGrady <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>>
Date: Tuesday, June 7, 2016 at 14:35
To: James Bladel <jbladel at godaddy.com<mailto:jbladel at godaddy.com>>, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>, GNSO Council List <<mailto:council at gnso.icann.org>council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: RE: [council] GAC Liaison - Update

Hi James,

I guess until I know who’s offer of help we are turning down, I’m not prepared to agree that we should turn it down.  I also don’t think there is any reason not to disclose that information and know if no procedure to not disclose it.  We are not the NomCom.  Can you please fully inform us so that we can decide on how to respond to your request?

Regards,
Paul

From:<mailto:owner-council at gnso.icann.org>owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [<mailto:owner-council at gnso.icann.org>mailto:owner-council at gnso.icann.org] On Behalf Of James M. Bladel
Sent: Tuesday, June 07, 2016 11:11 AM
To: Phil Corwin; Paul McGrady; 'GNSO Council List'
Subject: Re: [council] GAC Liaison - Update

Hi Phil & Paul -

We did receive some interest in the role, but significantly less so than when the Liaison was created two years ago.

Also, none of the applicants had any previous experience with the GNSO Council or with PDP working groups (chair or participant), which were key considerations in the selection process.  Additionally, we received some verbal indications of interested candidates, but these were withdrawn prior to the deadline. (Most likely due to the irregular term, but I also note Phil’s point about the time commitment during ICANN meetings.)

Apologies if this sounds like I’m being coy, but I am attempting to address your questions without divulging too many details about the applicants, should they wish to resubmit in the fall.

Hope this helps.

Thanks—

J.

From: Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>
Date: Tuesday, June 7, 2016 at 9:08
To: Paul McGrady <policy at paulmcgrady.com<mailto:policy at paulmcgrady.com>>, James Bladel <<mailto:jbladel at godaddy.com>jbladel at godaddy.com<mailto:jbladel at godaddy.com>>, GNSO Council List <<mailto:council at gnso.icann.org>council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: RE: [council] GAC Liaison - Update

I’m inclined to agree with the proposed timetable, but like Paul would like a bit more data. In particular, does the term “underwhelming” denote no applications?

Also, it may not just be a timing issue, but the fact that the Liaison has to commit to spend so much time in GAC meetings when attending an ICANN meeting in which their primary interest may be in other discussions going on simultaneously.

Best to all, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
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Twitter: @VlawDC

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

From:<mailto:owner-council at gnso.icann.org>owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [<mailto:owner-council at gnso.icann.org>mailto:owner-council at gnso.icann.org] On Behalf Of Paul McGrady
Sent: Tuesday, June 07, 2016 7:22 AM
To: 'James M. Bladel'; 'GNSO Council List'
Subject: RE: [council] GAC Liaison - Update

Hi James,

Before opining, can we have the full data set?  Please let us know who expressed interest.  Thanks!

Best,
Paul

From:<mailto:owner-council at gnso.icann.org>owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [<mailto:owner-council at gnso.icann.org>mailto:owner-council at gnso.icann.org] On Behalf Of James M. Bladel
Sent: Monday, June 06, 2016 8:38 PM
To: GNSO Council List
Subject: [council] GAC Liaison - Update

Dear Council Colleagues -

Recently we closed the nomination period for candidates interested in being considered for the role of GNSO Liaison to the GAC.  Unfortunately, the response from the GNSO community was underwhelming.  The Vice Chairs and I believe that this may be at least partly attributable to the timing of the announcement, as more candidates could be interested in the role if it coincided with the terms of other elected and appointed positions, which is the conclusion of the AGM in Hyderabad.

Therefore, with this in mind, I’d like to propose that we postpone the selection of a new GNSO – GAC Liaison until later in the fall, with the (rough) timeline listed below.  It is expected that the additional time will generate renewed attention to the role, additional expressions of interest from prospective candidates, and permanently align the term of this position with that of other terms, including most Councilors.

Please let me know if you have any concerns or objections to this approach.  On a related note, Mason Cole has graciously agreed to stay on a few extra months to ensure continuity.  Thank you, Mason.

Thanks—

J.

________________________________

Nominations Accepted for Candidates:  1 OCT 2016
Council Chairs consider candidates and notify first choice  20 OCT
Chairs submit motion to Council by 29 OCT for consideration during Council meeting on 8 NOV
GAC Leadership notified of new Liaison by 9 NOV
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