[council] Fwd: [gnso-chairs] FW: October 21 Council Session on RPM PDP Complaint

[Heather Forrest]

Dear Council colleagues,

In advance of the GNSO's weekend session update on the RPM PDP scheduled
for Sunday, please find below an email from RPM PDP Co-chairs Phil Corwin
and Kathy Kleiman.

Best wishes,

Heather

---------- Forwarded message ---------
From: Corwin, Philip via Gnso-chairs <gnso-chairs at icann.org>
Date: Thu, Oct 18, 2018 at 9:46 AM
Subject: [gnso-chairs] FW: October 21 Council Session on RPM PDP Complaint
To: GNSO-chairs at icann.org <GNSO-chairs at icann.org>
Cc: kathy at kathykleiman.com <kathy at kathykleiman.com>, brian.beckham at wipo.int
<brian.beckham at wipo.int>


Dear Heather, Donna and Rafik:



Per Nathalie’s advice, Kathy and I hereby request that one of you forward
our communication to the full Council email list.



Also, to be clear, this email is from Kathy and I only as it is our
understanding that Brian prefers to send a separate communication in regard
to the session scheduled for Sunday.



Best, Philip



Philip S. Corwin

Policy Counsel

VeriSign, Inc.

12061 Bluemont Way
Reston, VA 20190

703-948-4648/Direct

571-342-7489/Cell



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



*From:* Corwin, Philip
*Sent:* Wednesday, October 17, 2018 6:30 PM
*To:* Heather Forrest <haforrestesq at gmail.com>; 'Donna.Austin at neustar.biz' <
Donna.Austin at neustar.biz>; rafik.dammak at gmail.com
*Cc:* 'council at gnso.icann.org' <council at gnso.icann.org>; '
brian.beckham at wipo.int' <brian.beckham at wipo.int>; 'mary.wong at icann.org' <
mary.wong at icann.org>; 'julie.hedlund at icann.org' <julie.hedlund at icann.org>; '
ariel.liang at icann.org' <ariel.liang at icann.org>
*Subject:* October 21 Council Session on RPM PDP Complaint



Dear Heather, Donna and Rafik:



We have taken note that the GNSO Council meeting agenda for Sunday, October
21st at 13:55 to 14:10 contains the following item:

                Update on RPM PDP Complaint/RPM Co-Chairs



We received no prior notice that this item would be listed, nor have we
received any information as to what role we are to play during this
15-minute session.



We have no objection to a public airing of the various issues raised by
this matter as they go to the enforceability of a Board-adopted
accountability measure within the context of the GNSO policymaking process.



Apart from the merits of the original Expected Standards of Behavior (ESB)
complaint, those issues include:

•             Whether co-chairs are obligated to recuse themselves in an
ESB matter when the subject of the complaint has alleged bias on the basis
of previous actions he has taken toward them.

•             Whether Section 3.4 of the GNSO WG Guidelines is presently
enforceable.

•             Whether the parties to an ESB complaint may invoke direct
intervention of outside legal counsel, and what procedural framework should
be followed in that situation.

•             Whether co-chairs determining the merits of an ESB complaint
shall be indemnified under Section 20.1 of the Bylaws if the subject of the
complaint subsequently files legal or other adverse action against them in
the event that a decision finding an ESB violation is rendered; and what
Guidelines can be consulted by them to assure “good faith” conduct of the
proceedings.



Given the complexity of these interrelated issues we would like to inquire
what advance information will be provided to members of Council concerning
the situation, and be permitted to review it so as to be fully informed.
Also, as members of the ICANN community are not presently aware that this
situation exists, and as a 15-minute session cannot be expected to lay out
the facts in a completely clear and comprehensive fashion, we wonder what
follow-up explanation will be provided to the community as well as
interested media if follow-up questions are subsequently raised.



We look forward to Sunday’s discussion so that the Council and community
can start to learn as much as possible from this situation and take
responsive steps.



Thank you in advance for your timely response so that we may be fully
prepared to participate in this session.



Regards,

Philip & Kathy



Philip S. Corwin

Policy Counsel

VeriSign, Inc.

12061 Bluemont Way
Reston, VA 20190

703-948-4648/Direct

571-342-7489/Cell



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


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