[NCUC-DISCUSS] important information

[Carlos Raúl Gutiérrez G.]

Thank you very much Rafik!

incredible (un)ethical (double)standards indeed for a member of the EC.

Carlos Raúl Gutiérrez
+506 8837 7176
Skype: carlos.raulg
Current UTC offset: -6.00 (Costa Rica)
On 7 Aug 2016, at 21:45, Rafik Dammak wrote:

> Dear members:
>
> I am sharing with you an important and extraordinary announcement. Last
> week the NCUC EC agreed to ask one of its members, Peter Green, to resign.
> It was not an easy act or one that we took lightly, and we had to think
> about it for some time. Our action was necessary because of an undeclared
> conflict of interest and a clash with our membership eligibility rules.
>
> Peter is an employee of CONAC, a TLD registry associated with the
> government of China. As a CONAC employee, he is an active member of and
> participant in the Registry Stakeholder Group. It has been a longstanding
> principle of NCUC membership eligibility rules that people or organizations
> that are members of another SG or constituency in the GNSO cannot also be
> members of NCUC (bylaws III.3). This is done to prevent other interest
> groups from attempting to control or unduly shape our Constituency, which
> is devoted to noncommercial user interests.
>
> Peter has been actively working on behalf of the Registry SG for some time,
> even as he has been serving on our Executive Committee. This is evident
> from articles such as this
> http://www.chinagov.cn/english/News/CONACNews/201509/t20150924_281168.html
> and from records of the registry constituency working group such as this
> https://community.icann.org/display/S1SF/Drafting+Team
> We note with concern that Peter's Conflict of Interest statement when
> running for election to the NCUC EC failed to mention his employment at
> CONAC.
>
> I wanted you to be aware of this issue and to understand the basis for our
> actions.
>
> Best Regards,
>
> Rafik Dammak
>
> ---------- Forwarded message ----------
>
> Dear Peter (Zuan Zhang):
>
> For some time we (the undersigned representatives of the Executive
> Committee) have received complaints or expressions of concern about your
> eligibility for membership in the Noncommercial Stakeholders Group. The EC
> has investigated this matter and has come to the conclusion that you are
> ineligible for NCSG membership and thus must resign from the NCUC Executive
> Committee immediately.
>
> We want to make it clear that this is not caused by any misconduct on your
> part; it is purely a matter of applying our eligibility rules. Your
> contribution to our EC has been exemplary, but we cannot continue to
> contradict our membership rules. This would open the door to many other
> ineligible members and possible abuses. We hope you can accept this
> decision in a good spirit.
>
> Section 2.2.2 of the NCSG charter specifically excludes from membership
> "Organizations that are represented in ICANN through another Supporting
> Organization."
>
> Section 2.2.5 of the NCSG charter makes it clear that individuals are
> eligible only if they are "not represented in ICANN through membership in
> another Supporting Organization or GNSO Stakeholder Group."
>
> As an employee of CONAC, you are a member of the Registry stakeholder group
> and have played an active role representing CONAC in the Registry
> Stakeholder Group (RSG). CONAC is a domain name registry, which has its own
> Stakeholder Group, where your affiliation with CONAC as an employee is
> persistent and strong. We understand that before CONAC was a TLD registry,
> its employees were admitted into NCSG because there was no other place for
> them to be represented and there was less of a conflict of interest. But
> that time has passed; CONAC is now a full-fledged TLD registry operator and
> its policy interests are represented in the RSG.
>
> We thank you for your prior participation in our group and encourage you to
> stay involved in the GNSO via the Registry Stakeholder Group.
>
> Farzaneh Badii
> Caribe Joao Carlos
> Rafik Dammak
> Grace Githaiga
> Milton Mueller
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