[council] FYI - New GNSO Constituency Notice of Intent - Not-for-Profit Organizations Constituency

Debra Hughes HughesDeb at USA.REDCROSS.ORG
Thu Jun 17 16:59:30 CEST 2010


June 17, 2010

 

To the NCSG:

 

For the sake of clarity, I am writing one email in response to the email
exchanges from various members of the NCSG Executive Council and NCSG
community beginning on June 16th regarding the filing of a NOIF for a
proposed not-for-profit constituency.  I am very concerned with the tone
of these emails, but more importantly, the careless manner in which my
volunteer efforts spent exploring the engagement of not-for-profit
organizations has been described.  Ironically, this group has self
identified itself as representing "civil society" among other interests,
but unfortunately, these email exchanges have been less than civil.  If
you believe my actions have been inappropriate, I would have expected
that you would have at least read the filings and my emails before
making such strong comments.  Comments made "off the cuff" or without
proper due diligence, are very harmful in this environment. Perhaps this
type of discourse has been "business as usual for" for the NCUC;
however, please be very clear that I take strong exception to such
comments, insinuations and accusations.  I plan to prepare a letter to
the ICANN Board and perhaps the broader ICANN Community in light of the
important nature of these public accusations and comments regarding a
perceived lack of transparency.

 

Timing of Filing and Accusation of Bad Faith

Concerns were raised regarding the timing of the filing of the NOIF.  As
I explained that I planned to file the NOIF before the Brussels meeting
during my outreach webinar on May 12, 2010 and during subsequent emails
to those that were added to the email distribution list after the
webinar.   There was no clandestine plan to time the filing of the NOIF
with the voting for the NCSG charter.  Balancing my work obligations
with my volunteer service unfortunately pushed the filing date to this
week.  I would ask in the future that you carefully consider such
conclusions before voicing them in this public forum.  

 

There have been comments that filing the NOIF was an act of "bad faith."
I adamantly disagree.  Filing the NOIF is consistent with the plans I
have been routinely articulating to the ICANN community. I explained
concerns and thoughts about the constituency model in a series of emails
on the list serve beginning on May 7th in conjunction with the redlined
draft of the charter I submitted.  Among my other comments to the draft,
I expressed my concern regarding the ICANN community's current lack of
recognition of Interest Groups as a valid structure, entitled to
equivalent status and standing as constituencies within the GNSO.  I
understand that before I was appointed, the NCUC made the decision to
embrace the Interest Group model and dissolve constituencies for the
NCSG.  Comparisons have been made that Stakeholder Groups can function
appropriately without constituencies, pointing to the Registry
Stakeholder Group and Registrar Stakeholder Groups.  I think comparing
those SGs with the NCSG is not proper.  The membership of these two SGs
contain very similarly situated members with almost identical
missions/business.  On the other hand, the members of the NSCG are very
diverse and comprise individuals, and various types of organizations and
groups.  NCSG members have diverse views on important topics, as
demonstrated in much of the emails exchanged about this matter.   

 

While ICANN may eventually recognize Interest Groups, I strongly argued
during the charter drafting process and in Nairobi that it may be
prudent to continue to acknowledge the constituency structure until such
time that ICANN clearly identifies and acknowledges Interest Groups
throughout its infrastructure.  I proposed that the new charter could
include the constituency structure and then later, once the status of
Interest Groups was confirmed by the ICANN community, the provision
changing constituencies to Interest Groups could be inserted as an
amendment later.  However, the Charter submitted for vote did not
reflect this recommendation.  More importantly, I note that the current
document governing the NCSG - The Transitional Charter - contains no
provision for Interest Groups.  See Section 2.0 Organization and
Membership.  Since Interest Groups do not currently enjoy the same
benefits and status as constituencies, it does not make sense to
consider organizing not-for-profit organizations in an Interest Group.
Thus, the filing of a NOIF for exploring the creation of a
not-for-profit consistency is not improper, does not violate any
existing NCSG provision or policy and is consistent with NCSG's own
existing charter.

 

Some have commented that my actions are the result of manipulation or
influence by ICANN staff as a continuation of perceived bad blood
between Staff and the NCUC/NCSG.  This is inaccurate and I am unsure of
the motivation and intended result of such charged comments.  I do not
support what I perceive to be unproductive accusations about the intent
of ICANN staff and Board.  I am not a pawn and I have no desire to be a
pawn of any member of the ICANN community.  Saying such is deeming and
in my opinion, undermines the perception of the NCSG.  Moreover, I will
not participate in the unproductive banter about an alleged strategy to
thwart the efforts of the NCSG/NCUC.  I acknowledge that the appointment
of the GNSO Councilors created bad feelings among some in the NCUC.
However, please be clear that my objectives: (1) representing and
increasing the voice of not-for-profit organizations ICANN policy
discussions and (2) outreach to not-for-profit organizations not already
engaged in ICANN, were not created to undermine the NCUC or NCSG.
Rather, I have hoped the NCUC and NCSG would welcome new voices at the
table.  

 

Plans for Filing and Outreach Not a Surprise

The filing of the NOIF for a not-for-profit constituency should not be a
surprise.  Since the fall of 2009 at my first meeting in Seoul, I have
taken many opportunities to speak about by my outreach plans (many of
which are outlined in the NOIF).  I have clearly articulated my
objectives in both my Statement of Interest submitted when applying for
the appointed GNSO position and through many conversations with
stakeholders in the ICANN community.  I have viewed my role as a
volunteer with ICANN to include: (1) representing the interests and
perspective of not-for-profit organizations and increasing their voice
in ICANN policy discussions, especially with my role as a GNSO Councilor
and (2) outreach to not-for-profit organizations not already engaged in
ICANN policy discussions. For example, the status of my outreach and
organizing plans were very openly discussed during the NCSG meeting in
Nairobi and with individual NCSG Councilors and member of the NCSG
Executive Committee during the meeting.  

 

Also, on May 6, 2010, I sent the NCUC listserve an invitation to
participate in an informational webinar for not-for-profit
organizations.  In fact some NCUC members participated. During that
webinar, I provided an overview of my outreach activities and explained
discussed the timeline for moving forward for formally organizing.
Therefore, I am stunned by the accusation that I have been less than
transparent about my activities.  

 

I am also surprised by comments that I got "3 or 4...friends in
nonprofits (none of whom have any profile or activity in domain name
issues) to apply for NCSG to further some untoward result.  Again, I
take exception to this comment and the implication that I have not
performed outreach beyond the colleagues I know.  When embarking on my
outreach plans, it was prudent for me to begin with colleagues that I
work with.  However, my outreach efforts were not limited to my "friends
in nonprofits," rather, through the webinars and other efforts, I was
able to connect with not-for-profit organizations with whom I have not
previously worked.  I have actively encouraged organizations not already
involved with the NCUC or ICANN to join the NCSG and many organizations
have done so.  I have worked very hard to expand the membership of the
NCSG.  I have asked members of the ICANN community, including members of
the Board, stakeholders in other Constituencies and Stakeholder Groups
and those on the NCUC listserve as mentioned above, to help me identify
organizations and contacts.  I am pleased to report that the response
has been very supportive and successful and many of the letters of
support of the NOIF are from new connections made since January of 2010.


 

As many of you know, creating a new group, especially a group that will
be comprised of international members poses many challenges.  Outreach
and increasing participation is a process, not a destination. Before
filing the NOIF, I believe I have made considerable efforts to engage
the ICANN community and those not already involved in ICANN.  However,
these efforts are just beginning.  By filing the NOIF, the organizing
group will have much needed access to meeting and organizing resources
to further its outreach efforts and to continue the conversation.  

 

I look forward to further discussing this matter and the issued
presented in Brussels.

 

Respectfully,

/Debra Hughes/

Debra Hughes

Debra Y. Hughes l Senior Counsel 
American Red Cross 

Office of the General Counsel  
2025 E Street, NW 
Washington, D.C. 20006 
Phone: (202) 303-5356 
Fax: (202) 303-0143 
HughesDeb at usa.redcross.org <mailto:HughesDeb at usa.redcross.org>  

________________________________

From: NCSG-NCUC [mailto:NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of
Robin Gross
Sent: Thursday, June 17, 2010 9:34 AM
To: NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [council] FYI - New GNSO Constituency Notice of Intent -
Not-for-Profit Organizations Constituency

 

Alex,

 

I wish I could say that this isn't 'par for the course' with ICANN staff
to try to divide and conquer us.  It is also unfortunate that the
proponents of this proposal don't seem to be aware that EVERY
organization in NCSG is a nonprofit organization.  If Debbie could have
found the time to participate in a single NCSG policy call over the last
year (or on this NCSG mailing list), the noncommercial membership might
have been given a chance to learn about this effort and provide
feedback.  

 

ICANN staff's manipulation thrives in a communication vacuum.   And they
do work closely with the commercial constituencies on how to shape the
noncommercial space.

 

Best,

Robin

 

 

On Jun 16, 2010, at 9:37 PM, Alex Gakuru wrote:





While have been busy healing wounds from past NCSG breakup attempts,

now another one pops up!

 

I do not support it, very disappointed although was not entirely

unexpected and we should brace ourselves for more such in future.

 

Apparently their game plan may be to keep up very busy with

"infighting" to reduce our effectiveness in icann.

 

Sadly,

 

Alex

 

On Wed, Jun 16, 2010 at 11:16 PM, Avri Doria <avri at ltu.se> wrote:

	 

	 

	Begin forwarded message:

	 

	From: Robert Hoggarth <robert.hoggarth at icann.org>

	Date: 16 June 2010 14:28:42 EDT

	To: Council GNSO <council at gnso.icann.org>

	Cc: Robert Hoggarth <robert.hoggarth at icann.org>

	Subject: [council] FYI - New GNSO Constituency Notice of Intent
-

	Not-for-Profit Organizations Constituency

	 

	Dear GNSO Council Members;

	 

	For your information, attached please find a copy of the Notice
of Intent to

	Form a New GNSO Constituency (NOIF) submitted by Debra Hughes of
the

	American National Red Cross proposing to form a new
Not-for-Profit

	Organizations Constituency.

	 

	As some of you may recall, the NOIF document is an informal
expression of

	interest that does not require any action.  The intent of this
first step is

	simply to spur community dialogue and reaction to the proposal.

	 

	The NOIF, accompanying cover letter and additional supporting
documents are

	being posted on the GNSO Improvements web page at

	http://gnso.icann.org/en/improvements/newco-process-en.htm.
This proposal

	package has been transmitted for sharing with Board members and
I will

	transmit it to the GNSO Constituency leaders list shortly.

	 

	Best regards,

	 

	Rob Hoggarth

	 

	 

	 

	 

	 

 

 

 

IP JUSTICE

Robin Gross, Executive Director

1192 Haight Street, San Francisco, CA  94117  USA

p: +1-415-553-6261    f: +1-415-462-6451

w: http://www.ipjustice.org     e: robin at ipjustice.org





 

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