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

[Milton L Mueller]

Debra:
I did not accuse you of anything related to timing nor accuse you of bad faith. However, I am not surprised that others did. We have had many discussions about interest groups vs. Constituencies as an organizational structure. More than 200 votes were cast for that option and only 10 against - a decision you obviously don't respect and seek to bypass. I appreciate your efforts to bring new people into NCSG, although we have always had the idea that they were joining NCSG and you let us believe that. At no point did you simply say, either to the NCSG EC or to the membership, "I reject the Interest Group approach and intend to form a Constituency." Nor did you ever send a simple message to the NCUC-NCSG Discuss list announcing your intentions and asking who might be interested in it.

To me, however, that really isn't the point. This is not about Debra Hughes, or Robin Gross, or my opinion. The main problem is the inherent divisiveness and ill will created by the Constituency approach, which divides groups into warring factions. And your actions have proven every thing we have claimed about Constituencies. It should be very clear now, even to you, how they foster division rather than cooperation; how they create a dynamic whereby advocates of new constituencies have to bad-mouth and criticize existing groups and the existing groups have to call into question the legitimacy of the new group. Welcome to the zero sum game you were lured into by the staff. Hope you enjoy it.

There will be no winners from this. Even if you convince the Board to recognize this constituency, NCSG will be divided and crippled. You will have your one little seat on the Council and the other "Constituencies" will have theirs, and no one will trust each other or work together properly after the ill will created by this deliberate split. In the meantime, we have no option but to adamantly oppose the creation of your constituency. Please don't take it personally. As I said before, it's not about you, or your claims to represent some special segment of the "nonprofit" world. It's about the right approach to the representation of ALL noncommercial interests in ICANN's GNSO. You are advocating the wrong approach, and I believe that anyone who thinks about this seriously and objectively will see that.

--MM

________________________________________
From: NCSG-NCUC [NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Debra Hughes [HughesDeb at USA.REDCROSS.ORG]
Sent: Thursday, June 17, 2010 10:59 AM
To: NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: [NCSG-NCUC-DISCUSS] [council] FYI - New GNSO Constituency Notice of Intent - Not-for-Profit Organizations Constituency

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<mailto:avri at ltu.se>> wrote:


Begin forwarded message:

From: Robert Hoggarth <robert.hoggarth at icann.org<mailto:robert.hoggarth at icann.org>>
Date: 16 June 2010 14:28:42 EDT
To: Council GNSO <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Cc: Robert Hoggarth <robert.hoggarth at icann.org<mailto: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
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