NCUC EC candidate statement/response to questions

Mary.Wong at LAW.UNH.EDU Mary.Wong at LAW.UNH.EDU
Fri Nov 16 15:42:31 CET 2012


Hello everyone, 

Below please find my responses to the questionnaire sent out by Brenden
to all NCUC EC nominees a few days ago. I apologize for the slight delay
in sending this in, and look forward hopefully to the chance to continue
to serve to represent non-commercial interests within the ICANN
community.


Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong at law.unh.edu
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584  


>>> 


1. Why do you want to serve on the EC? 

[MARY] For the past 4 years, I have been privileged to have been
elected as, first, a NCUC Councilor and then, following the formation of
NCSG, a NCSG Councilor, on the GNSO Council. That experience (coupled
with those indicated under Question 2, below) has shown me the
importance of having articulate and committed participants from
non-commercial interests in many aspects of ICANN work. From the NCUC
perspective, I believe that my ability to build relationships across
multiple ICANN stakeholder groups and the respect I have gained from
many established ICANN "players" (from Board members and ICANN staff to
different constituency leaders) will stand the group in good stead as we
navigate through ever-increasing political minefields and try to develop
good relationships and trust with/among both current ICANN participants
and the new CEO's incoming management team.  

I have also been privileged to serve alongside Bill Drake for the last
four years on the GNSO Council, and believe we make an excellent team.
We have had the chance to discuss many different policy issues and
approaches during that time, and are in general agreement over the
priorities, problems and possible resolutions of many of them. 

2. Provide a brief biography of recent experience, associations, and
affiliations relevant to serving on the Executive Committee. Describe
the relevance of your personal and professional experience to serve on
the NCUC Executive Committee, and identify any conflicts of interests
you might have.
 
[MARY] Besides the GNSO Council, I have been an active participant and
representative of NCUC & NCSG on numerous Drafting Teams and Working
Groups - these include, most recently, the IOC-Red Cross drafting team
and now the IOC-RC-INGO Working Group on the new PDP just launched by
the GNSO Council, as well as the Standing Committee on GNSO Improvements
(SCI), which is the body chartered by the GNSO Council to review and
make recommendations on specific implementation and practice issues
raised by a constituent GNSO entity (e.g. any Working Group or
constituency.) 

- While on Council I also championed - including fighting hard and
negotiating positions across constituencies - many difficult issues of
importance to non-commercial interests. These include drafting, amending
and proposing Council motions on (among other things) vertical
integration, the RAA amendments and our determined (if ultimately
unsuccessful) attempt to compel an immediate review of the UDRP. 

- I also served one term as Vice-Chair of the GNSO Council, during
which time I became very familiar with GNSO rules, procedures and
processes, and built up a very strong relationship with the ICANN Policy
Staff and Secretariat, all of which will I think be very helpful to the
NCUC EC, 

- My non-ICANN professional life is as an intellectual property (IP)
academic, in which capacity I am also the inaugural Director of one of
the United States' top 10 IP programs. I have a lot of experience in
leading and administering multiple projects and teams, developing
strategic plans and negotiating across different cultures and countries.
In my job I work frequently in Asia, in particular China, Hong Kong and
Singapore. Since many other Asia-Pacific representatives at ICANN hail
from Australia and the Pacific regions (g'day mates! :) I also believe
that my Asian origins and international connections will
enhance/emphasize the diversity of our group and at ICANN generally. 

- Most recently, ICANN's NomCom appointed me to the ccNSO Council. I do
not consider this a conflict of interest, but rather the opposite (i.e.
of potential benefit to NCUC). The ccNSGO Council position is a neutral
one, as being a NomCom appointee I am not representing any constituency,
stakeholder group or interests;. What I have found in the one month
since stepping down from the GNSO Council and joining the ccNSO Council
is that its processes, priorities and discussions - in particular
briefings with/from its ICANN Board representatives - often show a
contrast with what happens within the GNSO. It has allowed me to see the
GNSO - and its constituencies - from a somewhat different "lens", and I
think this insight will be very helpful to NCUC going forward. 

3. The EC performs several functional responsibilities for the
Constituency. What level of time commitment can you bring to your EC
role on a weekly and overall basis? Describe any concerns or limitations
on your ability to attend online meetings of the Executive Committee and
ICANN Meetings in person. 

[MARY] My academic position allows me sufficient flexibility to
accommodate both face-to-face and online participation in NCUC and ICANN
meetings. It is my organization that is a member of NCUC and NCSG, and I
have from the inception of its membership been its designated
representative - participation in the non-commercial community at ICANN
continues to be one of its priorities so I do not anticipate any issue
with time commitment or my ability to participate. 

- While on the GNSO Council, there were frequent times when I had to
spend 10-15 hours per week (not counting the run-up to face-to-face
ICANN meetings), or more, on GNSO matters. I hope this shows my level of
dedication and ability to continue to work to advocate our members'
interests and positions at ICANN.

4. Communication with the membership is critical. How would you keep
members apprised of your EC-related activities? 

[MARY] Since our communications and working out of group positions
mostly takes place online via our listserv and email discussions, I plan
to continue being a regular contributor to these. In the past few years
I've periodically attempted to summarize or drive to conclusion our
online discussions; as an EC member I believe it will give me more
legitimate authority to do so on behalf of NCUC. Looking back on my
Council experience, I realize that the membership could have done with
more regular and timely updates on important policy and other matters -
working on the EC with Bill and his team, I hope we can develop a plan
(perhaps institute a rotating schedule) where in combination with our
Councilors the EC can ensure constant communication to and feedback from
members. 
 
5. How do you foresee NCUC’s function, scale, or role changing in the
future? What areas of ICANN policy, if any, need more attention and why?
Be concise (200 words maximum).
 
[MARY] Many challenges continue to face NCUC, from possible structural
changes to the GNSO as a whole to continued marginalization/exclusion of
non-commercial groups at ICANN and constant (sometimes deliberate)
distortions and misapprehensions about either NCUC's positions or
motives. We will need a forceful "leadership" team (I use that word in
parenthesis as it's not the most appropriate word but for lack of
another similar term) that will (a) ensure that NCUC continues to be
heard and involved; (b) raise NCUC's profile by developing good
relationships with the ICANN Board, Staff and other stakeholder
groups/constituencies; and (c) continue to provide regular and useful
input into ICANN issues, e.g. by ensuring that public comments impacting
NCUC interests are submitted and Working Groups staffed. 

- Current GNSO policy discussion has focused on the new gTLD program,
and will continue to do so for some time. Some of the more challenging
issues on which NCUC can have an impact or at least needs to
monitor/participate on include (a) the RAA amendments, in particular
changes that impact registrant/user rights and privacy; (b) ongoing
attempts by special interest groups to carve out special protections for
their organizations/brands; and (c) progress on the perpetual WHOIS
discussion. More generally, the fuzzy line between "policy" and
"implementation" has been challenged constantly throughout the
development of the new gTLD program. I have been actively involved in
all these discussions and issues, and hope the new NCUC EC can
facilitate a more effective role for our group on these important
matters going forward.
 
Thank you all for your time, and thanks again to all who nominated,
seconded and otherwise voiced support for me. It has been an honor and
privilege to have served the maximum four years as a GNSO Councilor, and
I hope you will permit me the opportunity to serve again as a member of
the NCUC EC. 

Sincerely, 
Mary
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