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Without suggesting that either of you is right or wrong - I haven't been
following this thread from the beginning- ICANN *does* have a COI policy
applicable to staff (though not outside counsel), not just directors and
officers.<br>
<br>
See pp. 10-12 of this PDF file, produced to Karl Auerbach only after he
won his lawsuit against ICANN (I'm one of Karl's attorneys):<br>
<a href="http://www.icann.org/legal/auerbach-v-icann/icann-employment-policies-02aug02.pdf" eudora="autourl">http://www.icann.org/legal/auerbach-v-icann/icann-employment-policies-02aug02.pdf</a><br>
<br>
At 08:23 PM 10/14/2002 -0400, KathrynKL@aol.com wrote:<br>
<blockquote type=cite cite><font face="arial" size=2>I am happy to
explain. The ICANN Conflicts of Interest Policy includes
definitions of "Interested Director," "Interested
Officer," and "Interested Person." However,
the rest of the policy goes on to set duties to disclose and abstain,
procedures regarding conflicts, and committee review *only for directors
and officers.* <br>
<br>
There are no duties, no procedures, and no standards for senior policy
and staff. So there is no policy prescribed for them (do a search
on "interested person" across the policy document you
cited). <br>
<br>
It is a really huge hole -- and one Resolution 2 seeks to
close. Senior staff and counsel are a critical part of the
ICANN recommendation and report process and they should be neutral, or at
least not have a direct or indirect interest in the outcome. regards,
kathy <br>
<br>
<< DCrocker wrote below: <br>
</font><font face="Arial, Helvetica"><br>
</font><blockquote type=cite cite><font face="Arial, Helvetica" size=2>
<<a href="http://www.icann.org/committees/coi/coi-policy-04mar99.htm" eudora="autourl">http://www.icann.org/committees/coi/coi-policy-04mar99.htm</a>>.
<br>
<br>
For example: <br>
<br>
2.6 Interested Person. "Interested Person" shall mean either:
<br>
<br>
(a) Any person currently being compensated by the
Corporation for <br>
services rendered to it within the previous 12 months,
whether as a <br>
full- or part-time employee, independent contractor, or
otherwise, or <br>
<br>
(b) Any person whose family member, as defined in Section
2.2, is <br>
currently being compensated by the Corporation for services
rendered to <br>
it within the previous 12 months, whether as a full- or
part-time <br>
employee, independent contractor, or otherwise.
</font></blockquote><font face="Arial, Helvetica"><br>
</font><font face="Arial, Helvetica" size=2><br>
>></font><font face="arial"> </font></blockquote><br>
<br>
<br>
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