[council] GNSO Council Member Commitments
Aikman-Scalese, Anne
AAikman at lewisroca.com
Mon Oct 10 18:57:50 UTC 2022
Thanks Marie. Agree with your observations, but I think my question was even more basic:
The question I have about the language
“Acknowledging participation to similar efforts outside of the ICANN Community”
Is whether it means
1. Acknowledging in connection with similar efforts outside the ICANN community the work that is being done (or has been done) inside the ICANN community OR
2. Acknowledging within Council the work the Councilor is doing with similar efforts outside the ICANN community.
This may just be a simple question to whoever drafted this language but the intent is not clear to me. I think Sebastien commented that this is about transparency. So now I’m wondering which way the “acknowledgment” obligation runs. (Again, I don’t have anything to “acknowledge” either way but am simply interested in the obligation being clearly stated.)
The points you raise could also impact the commitment not to “relitigate” matters within the ICANN Community. For example, could comments on the SSAD – stating that it is too expensive and wouldn’t be used by the intended user be interpreted as “relitigating” EPDP Consensus? What if a particular SO or AC voted “no” on a recommendation and intends to provide direct advice to the Board on that point? Does the obligation not to “relitigate” mean that a Councilor cannot support his or her SO or AC in its direct advice to the Board because that would amount to “relitigating” the issue?
Thanks all,
Anne
Anne E. Aikman-Scalese
Of Counsel
AAikman at lewisroca.com<mailto:AAikman at lewisroca.com>
D. 520.629.4428
[cid:image004.png at 01D8DC9F.6267A4E0]
From: Marie Pattullo - AIM <marie.pattullo at aim.be>
Sent: Monday, October 10, 2022 11:42 AM
To: Sebastien at registry.godaddy; McGrady, Jr., Paul D. <PMcGrady at taftlaw.com>; Aikman-Scalese, Anne <AAikman at lewisroca.com>
Cc: COUNCIL at GNSO.ICANN.ORG
Subject: RE: GNSO Council Member Commitments
[EXTERNAL]
________________________________
Hi all,
Looking forward to talking to the small team soon. I’ve just been reading through the document again and I see Anne’s/Paul’s point – my role as a BC councillor is to represent the BC in the GNSO; it doesn’t preclude me from advocating on behalf of my (day job) members in any other fora, and of course neither could it. In other words, our role as councillors doesn’t supersede our role as employees! If there is an agreement in Council with which either the BC or my day-job employer disagree, I will of course tell both of them what happened in Council and explain the reasoning, but that absolutely doesn’t “tie my hands” as it were in pursuing the interests/instructions of my (day job) members. I think this may be open to misinterpretation/ over-reach.
Thanks,
Marie
From: council <council-bounces at gnso.icann.org<mailto:council-bounces at gnso.icann.org>> On Behalf Of Sebastien--- via council
Sent: Thursday, 1 September 2022 18:22
To: McGrady, Jr., Paul D. <PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>>
Cc: COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG>
Subject: Re: [council] GNSO Council Member Commitments
Hi Paul,
Hi Anne, thank you for your question and welcome to the GNSO,
The idea is not to preclude anyone from doing anything, but to promote disclosure for transparency’s sake.
In your example, as ICANN does not concern itself with content censorship (bar the agreed types of DNS Abuse), work on the topic in other forums should have no impact on ICANN’s work. I would not warrant any sort of disclosure.
On the contrary on a topic that is more core to ICANN, like the processing of personal data, I would want to encourage that transparency. This is not to say that one can’t be in disagreement with the consensus and voice it in the community or outside, as long as it is done acknowledging and respecting the existing consensus; but I think that should one actively pursuing competing policy efforts elsewhere, it should be acknowledged.
This said, I do understand that acting as counsel, one is not always either representing the same interest or able to disclose who they represent, and I respect it – I believe separate work on the SOI is attempting to clarify this aspect.
I hope this helps,
Kindly
Sebastien Ducos
GoDaddy Registry | Senior Client Services Manager
[signature_3325382680]
+33612284445
France & Australia
sebastien at registry.godaddy<mailto:sebastien at registry.godaddy>
From: McGrady, Jr., Paul D. <PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>>
Date: Tuesday, 30 August 2022 at 2:05 pm
To: Sebastien Ducos <Sebastien at registry.godaddy<mailto:Sebastien at registry.godaddy>>
Cc: COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG> <council at gnso.icann.org<mailto:council at gnso.icann.org>>, Aikman-Scalese, Anne <AAikman at lewisroca.com<mailto:AAikman at lewisroca.com>>
Subject: RE: GNSO Council Member Commitments
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Thanks Seb.
Inbound NomCom appointed Councilor, Anne Aikman-Scalese, raised concerns about the vagueness of the following phrase “Acknowledging participation to similar efforts outside of the ICANN Community.” What do we think this means? I think it means that while we should support consensus where it landed within ICANN, that doesn’t mean that we can’t press on the same subject in other forum. For example, if the current consensus that ICANN is not to be in the content censorship business holds, that does not preclude a Councilor from complaining to the FTC that someone is using content to defraud end users. Is that what everyone else thinks this phrase means? If not, maybe we can have some alternative theories on the list or in the document.
Best,
Paul
Taft
/
Paul D. McGrady, Jr.
Partner
PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>
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From: council <council-bounces at gnso.icann.org<mailto:council-bounces at gnso.icann.org>> On Behalf Of Sebastien--- via council
Sent: Tuesday, August 30, 2022 5:08 AM
To: COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG>
Subject: Re: [council] GNSO Council Member Commitments
[EXTERNAL MESSAGE]
Sincere apologies Stephanie.It is of course to you and not to Nathalie, that I meant to address this. Kindly, Sebastien DucosGoDaddy Registry | Senior Client Services Manager+33612284445France & Australiasebastien at registry.godaddy<mailto:Australiasebastien at registry.godaddy> From:Sebastien Ducos <Sebastien at registry.g
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Sincere apologies Stephanie.
It is of course to you and not to Nathalie, that I meant to address this.
Kindly,
Sebastien Ducos
GoDaddy Registry | Senior Client Services Manager
[signature_3120129129]
+33612284445
France & Australia
sebastien at registry.godaddy<mailto:sebastien at registry.godaddy>
From: Sebastien Ducos <Sebastien at registry.godaddy<mailto:Sebastien at registry.godaddy>>
Date: Tuesday, 30 August 2022 at 10:33 am
To: COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG> <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: GNSO Council Member Commitments
Hello Nathalie, Marie and Paul,
Thank you for volunteering to assist with the “GNSO Council Member Commitments” last week.
The Google Doc we put up following ICANN 74 is still accessible here: https://docs.google.com/document/d/1rmft4PPLzFB0rE9IWEi86eMZYrlgDaXT/edit<https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdocs.google.com%2Fdocument%2Fd%2F1rmft4PPLzFB0rE9IWEi86eMZYrlgDaXT%2Fedit&data=05%7C01%7Csebastien%40registry.godaddy%7C5b29d96a2c6642b9bda108da8a7fe4ac%7Cd5f1622b14a345a6b069003f8dc4851f%7C0%7C0%7C637974579175330205%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=UnspMK1nLYUGymI6goIuM15KtoHUnUg29dy6GOoTO3M%3D&reserved=0>
I’ll let you take a first stab at it for a week until 6 September COB.
Depending on the level of rewrite then, we might organise a call to sort it out or do it via email.
All other Councillors are of course invited to participate, the document is open.
Kindly,
Sebastien Ducos
GoDaddy Registry | Senior Client Services Manager
[signature_3763393680]
+33612284445
France & Australia
sebastien at registry.godaddy<mailto:sebastien at registry.godaddy>
________________________________
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