[IOT] IOT: conflict of interest proposed text

Tue Feb 20 17:10:27 UTC 2024

do we really need the "influence their opinion"?  All of these people will
be lawyers and know what a conflict of interest is.

On Mon, Feb 19, 2024 at 9:55 AM Susan Payne via IOT <iot at icann.org> wrote:

> All
>
> Malcolm agreed to propose revised text on Rule 3 s 5(c) on our last call.
> You should all have seen the below, which also includes a proposal on
> s5(d).  If there are any concerns about Malcolm’s proposed revisions please
> share by email, and we will discuss on tomorrow’s call.
>
>
>
> Susan Payne
> Head of Legal Policy
> Com Laude
> *T* +44 (0) 20 7421 8250
> *Ext* 255
>
>
>
> *Follow us on Linkedin
> <https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube
> <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0>*
>
> *From:* Malcolm Hutty <Malcolm at linx.net>
> *Sent:* Tuesday, February 13, 2024 7:12 PM
> *To:* Susan Payne <susan.payne at comlaude.com>; Bernard Turcotte via IOT <
> iot at icann.org>; iot at icann.org
> *Subject:* RE: IOT Agenda for 13 February 2024
>
>
>
> Dear Susan,
>
>
>
> Language proposal on Rule 3 paragraph 5c.
>
>
>
> Current draft is as follows:
>
>
>
> Prior to accepting any appointment, potential IRP Panelists are also
> expected to consider whether other circumstances of the relevant IRP are
> liable to influence their decision such that they would be considered to
> have a conflict of interest. An example of such a circumstance would be
> where considerations of nationality are material to the matters in dispute.
>
>
>
> In our discussion this evening, I proposed the following alternative:
>
>
>
> Prior to accepting any appointment, potential IRP Panelists are also
> expected to consider whether other circumstances of the relevant IRP are
> liable to influence their decision, or are such that would give rise to the
> appearance of a conflict of interest.
>
>
>
> This appeared to have consensus amongst those present, and you invited me
> to confirm it in writing on the list.
>
>
>
> Post-meeting, I notice that Rule 3 paragraph 5d contains a similar issue:
>
>
>
> Current draft is as follows:
>
> Where, at any time, an IRP Panelist develops a conflict of interest, they
> must recuse themselves.
>
>
>
> Potential replacement text
>
> Where, at any time, an IRP Panelist develops a conflict of interest, or
> the appearance of a conflict of interest, they must recuse themselves.
>
>
>
>
>
>
>
> Kind Regards,
>
>
>
> Malcolm.
>
>
>
> --
>
> * Malcolm Hutty | Director, Legal and Policy*
>
> T: +44 7789 987 023 | www.linx.net
>
>
>
>
>
> *London Internet Exchange Ltd (LINX)*
>
> c/o WeWork, 12 Moorgate, London EC2R 6DA
>
>
>
> Registered in England No. 3137929 at Trinity Court, Trinity Street,
> Peterborough PE1 1DA
>
>
>
> *From:* IOT <iot-bounces at icann.org> *On Behalf Of *Susan Payne via IOT
> *Sent:* Monday, February 12, 2024 8:22 PM
> *To:* Bernard Turcotte via IOT <iot at icann.org>
> *Subject:* [IOT] IOT Agenda for 13 February 2024
>
>
>
>    1. Review of Agenda and Updates to SOIs
>    2. Action Items:
>       1. ICANN Legal to circulate updated drafts for the Rules; all to
>       provide comments or suggested edits
>    3. Explanation of how we will handle the review and any redrafts
>    4. Review and agree any changes to be requested on the draft text.
>    Beginning with Rules 3 and 4
>    5. Next meetings: 20 February and during ICANN 79
>    6. AOB
>
>
>
> Look forward to speaking tomorrow
>
>
>
> Susan Payne
>  Head of Legal Policy
>
> <https://comlaude.com/>
>
> 28 Little Russell Street,
> London WC1A 2HN, UK
> *T* +44 (0) 20 7421 8250
> *Ext* 255
>
> *comlaude.com <http://comlaude.com/>*
>
> *Follow us on Linkedin
> <https://t-uk.xink.io/Tracking/Index/pRkAAFJfAADw_RQA0> and YouTube
> <https://t-uk.xink.io/Tracking/Index/bhkAAFJfAADw_RQA0>*
>
> <https://www.linkedin.com/company/com-laude>
> <https://twitter.com/comlaude?lang=en>
> <https://www.facebook.com/ComLaude/>  <https://www.youtube.com/@comlaude>
>
> [image: Image removed by sender.]
> ------------------------------
>
> The contents of this email and any attachments are confidential to the
> intended recipient. They may not be disclosed, used by or copied in any way
> by anyone other than the intended recipient. If you have received this
> message in error, please return it to the sender (deleting the body of the
> email and attachments in your reply) and immediately and permanently delete
> it. Please note that Com Laude Group Limited (the “Com Laude Group”) does
> not accept any responsibility for viruses and it is your responsibility to
> scan or otherwise check this email and any attachments. The Com Laude Group
> does not accept liability for statements which are clearly the sender's own
> and not made on behalf of the group or one of its member entities. The Com
> Laude Group is a limited company registered in England and Wales with
> company number 10689074 and registered office at 28-30 Little Russell
> Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ
> Limited t/a Com Laude, a company registered in England and Wales with
> company number 5047655 and registered office at 28-30 Little Russell
> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
> England and Wales with company number 6181291 and registered office at
> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
> company registered in Scotland with company number SC197176 and registered
> office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland;
> Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation
> incorporated in the State of Washington and principal office address at
> Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com
> Laude (Japan) Corporation, a company registered in Japan with company
> number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku,
> Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered
> in Spain and registered office address at Calle Barcas 2, 2, Valencia,
> 46002, Spain. For further information see www.comlaude.com
> <https://comlaude.com/>
> ------------------------------
> The contents of this email and any attachments are confidential to the
> intended recipient. They may not be disclosed, used by or copied in any way
> by anyone other than the intended recipient. If you have received this
> message in error, please return it to the sender (deleting the body of the
> email and attachments in your reply) and immediately and permanently delete
> it. Please note that Com Laude Group Limited (the “Com Laude Group”) does
> not accept any responsibility for viruses and it is your responsibility to
> scan or otherwise check this email and any attachments. The Com Laude Group
> does not accept liability for statements which are clearly the sender's own
> and not made on behalf of the group or one of its member entities. The Com
> Laude Group is a limited company registered in England and Wales with
> company number 10689074 and registered office at 28-30 Little Russell
> Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ
> Limited t/a Com Laude, a company registered in England and Wales with
> company number 5047655 and registered office at 28-30 Little Russell
> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
> England and Wales with company number 6181291 and registered office at
> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
> company registered in Scotland with company number SC197176 and registered
> office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland;
> Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation
> incorporated in the State of Washington and principal office address at
> Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com
> Laude (Japan) Corporation, a company registered in Japan with company
> number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku,
> Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered
> in Spain and registered office address at Calle Barcas 2, 2, Valencia,
> 46002, Spain. For further information see www.comlaude.com
> <https://comlaude.com/>
> _______________________________________________
> IOT mailing list
> IOT at icann.org
> https://mm.icann.org/mailman/listinfo/iot
>
> _______________________________________________
> By submitting your personal data, you consent to the processing of your
> personal data for purposes of subscribing to this mailing list accordance
> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
> the website Terms of Service (https://www.icann.org/privacy/tos). You can
> visit the Mailman link above to change your membership status or
> configuration, including unsubscribing, setting digest-style delivery or
> disabling delivery altogether (e.g., for a vacation), and so on.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 3840 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 103154 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1463 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 1945 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 1954 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image005-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 1195 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image006-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 85818 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image007-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 823 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20240220/d1812867/image008-0001.jpg>