[ncdnhc-discuss] [Resolution]Representatives' Conflicts of Interests in the ICANN Process

[James Love]

I haven't looked at this yet, but I think it is a good idea to look at this
issue generally, as YJ has, rather than in terms of an isolated case.
Thanks to YJ for taking time on this issue, which was been raised over the
years, but little work has been done.    Jamie


----- Original Message -----
From: "YJ Park" <yjpark at myepark.com>
To: <discuss at icann-ncc.org>
Sent: Thursday, May 02, 2002 2:03 AM
Subject: [ncdnhc-discuss] [Resolution]Representatives' Conflicts of
Interests in the ICANN Process


> Dear all,
>
> This was updated after Alejandro's comment which is now inserted
> as option 2 together with option 1. I personally think option 2 is
realistic
> however, there have been some comments and requests earlier that
> option 1 is the way to proceed.
>
> Looking forward to your comments...
> YJ
>
> ----------------------------------------------------------------------
> Draft version 1.0
> [Resolution]Representatives' Conflicts of Interests in the ICANN Process
>
>
> May. 2. 2002
>
> YJ Park
>
> 1. Appointees vs Representatives in the ICANN process
>
> 1.1. Who are the Representatives?
>
> - The elected individuals as Council members.
> - The elected individuals as member of Administrative Committee, or
>    President or member of Executive Committee, Secretariat, etc.
> - The elected individuals as experts such as whois, UDRP, Structure TF etc
>    from her/his own constituency.
>
> The elected representatives are expected to represent the constituency's
> views to both various committees and Task Forces in the ICANN process.
>
> 1.2. Representatives' Accountability and Responsibility
>
> Regardless of the position as elected representatives, they are required
> to abide by "Conflicts of Interests" rules. The views of representatives
are
> respected as the constituency's voices, which can be reviewed by the
> constituency either before-hand or after-hand.
>
> 1.3. Appointees' Responsibility
>
> Appointees who are participating in ICANN's TF or Committee within her/
> his personal capacity are not required to abide by the conflicts of
> interests
> rules but they can choose to follow the rules. The views of the appointees
> are
> considered as their personal opinion which does not have to be reviewed by
> the constituency. Their expertise is incorporated into the final report of
> the TF
> or Committee as opinion.
>
> 2. Conflicts of Interests
>
> If a representative turns out that she/he is involved with either new gTLD
> or exisitng gTLD divestiture process or Whois or UDRP or etc,
>
> [option 1]
> the representative is required to resign from the very Council, NC(DNSO),
> AC(ASO), PC(PSO), ICANN Board, DNSO Task Force member, ICANN
> Task Force member and WG Chair etc.
>
> [option 2]
> As soon as a person is in a position of conflict of interest, she/he must
> disclose it publicly and appropriately. On the other hand, the
> representative
> is still on the committee but required to recuse from voting and in most
> cases
> participation in discussions on the subject where there is conflict.
>
> When it comes to the representative's direct involvement, the following
> can be regarded as conflicts of interests.
>
> - If the representative prepares to create a company or non-profit entity
>   which tries to make a bid or is involved with the issue.
> - If the representative is hired as consultant or advisor or full-time or
> part-time
>   employee by a company or a non-profit entity which tries to make a bid
>   or is involved with the issue commercially.
> - If the representative is on the board of the company or a non-profit
> entity
>   which tries to make a bid or is involved with the issue commercially.
> - If there is a concern that the very representative can be unfairly
> benefited
>   by being part of the committee or TF member.
> - etc
> --------------------------------------------------------------------
>                                             [end]
>
> _______________________________________________
> Discuss mailing list
> Discuss at icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss
>
>