[NCUC-DISCUSS] important information

Thu Aug 11 15:17:04 CEST 2016

I think Remmy has hit the nail on the head. We are waiting for Peter Green to respond. People who intervene in this situation purporting to speak for him or arguing the case are not helping the situation. Instead they are turning it into a political football and wasting everyone’s time.

To Kathy and Carlos I say, first, let Peter speak for himself. He was sent the request more than a week ago and has not responded. The NCUC EC consists of 6 people, all elected by you to manage the affairs of the constituency. All 5 of us who are eligible have looked at the facts of this situation and unanimously came to the conclusion that Peter was ineligible for membership and should resign. He was privately asked for a response. Instead of responding to us, he has worked indirectly through proxies, some of whom claim they are not even in communication with him. It is really interesting that this private message to him suddenly had to become a public controversy? Clearly some other agenda is at play here.

Second, Kathy is simply wrong about the membership eligibility question. The EC has the records: Peter joined under section 2 of the individual membership requirement, which states: “I am an individual internet user who is primarily concerned with the public interest aspects of domain name policy and I am not represented in ICANN through membership in another supporting organization or GNSO stakeholder group.” That claim is clearly false. Peter did not claim that he has a personal domain, and there is no evidence that he has registered a personal domain. This is an example of why it is not helpful at this stage for people who don’t know the facts and who claim to not even be in communication with Peter to pipe down.

Desiree Milosevich was a research fellow at the Oxford Internet Institute when she joined NCUC as an individual many years ago; our current records show she is no longer an active member. More to the point, she is not elected on the EC. If she is still working for Afilias and were to run for the EC I would strongly oppose her candidacy, as should we all.

In closing I would say that the functioning of our constituency depends on having an effective and efficient EC. It’s a lot of work and its all volunteer. The EC is trying to stand up for the integrity of the NCUC, that’s all. Please do not encourage the people who are trying to subvert the EC’s efforts to handle this situation by fostering confusion and dissension on the public list. If our assessment of the situation is wrong, there are very direct accountability mechanisms, such as not re-electing us or running against us. Speaking for myself, I would happily run in the next EC election on a platform of not allowing Registry constituency employees to be running our constituency. It’s a principle I would, as they say in consensus debate, die in a ditch for. I would happily invite anyone who disagrees to run against me. Let the members decide who’s got this right

Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology

From: Ncuc-discuss [mailto:ncuc-discuss-bounces at lists.ncuc.org] On Behalf Of Remmy Nweke
Sent: Wednesday, August 10, 2016 9:10 PM
To: Zakir Syed <zakirbinrehman at yahoo.com>
Cc: ncuc-discuss at lists.ncuc.org
Subject: Re: [NCUC-DISCUSS] important information

@Seun and Zakir
It is really sad that Peter Green has allowed us to fool our time since Rafik sent that mail. I am sure he reads us, so why mute.

I have asked the same question Zakir ask before and did not seem to get an answer.

I think EC has to take another decision urgently to save us from these quagmire.
Remmy

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On Thu, Aug 11, 2016 at 1:55 AM, Zakir Syed via Ncuc-discuss <ncuc-discuss at lists.ncuc.org<mailto:ncuc-discuss at lists.ncuc.org>> wrote:
Hi Seun, thats a good gesture and is appreciated. While we are receiving long emails on this very issues from our colleagues on the list, and are not sure about the final decision. Do you really think the NCUC should compromise on its "longstanding principle of membership eligibility rules" ?

Best,

________________________________
From: Seun Ojedeji <seun.ojedeji at gmail.com<mailto:seun.ojedeji at gmail.com>>
To: Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>>
Cc: "ncuc-discuss at lists.ncuc.org<mailto:ncuc-discuss at lists.ncuc.org>" <ncuc-discuss at lists.ncuc.org<mailto:ncuc-discuss at lists.ncuc.org>>
Sent: Monday, August 8, 2016 5:18 PM
Subject: Re: [NCUC-DISCUSS] important information

Hello Rafik,
I believe this is a fair decision and i hope Peter will also take it with a positive mindset. That said, i like to clarify, does this also imply Peter would be disqualified as a member of NCUC? If yes, i will wish/suggest that should not to be the case.
Personally, i am of strong opinion that people should not occupy leadership roles(or decision making positions) in multiple stakeholder group within ICANN but i don't have opposition to allowing people participate, so long as they declare it in their SOI.
Regards

On Mon, Aug 8, 2016 at 4:45 AM, Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>> 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/t201509 24_281168.html<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/di splay/S1SF/Drafting+Team<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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Bringing another down does not take you up - think about your action!

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