[NCUC-DISCUSS] important information

Thu Aug 11 22:59:13 CEST 2016

@Remmy, I am not as sure as you are if Peter is reading us and is mute but I do hope and request him at the same time to get back to us all and the EC particularly, on this very important issue. At least an ack and saying that he is in receipt and will provide his detailed response accordingly. 

Dear Peter, see if you can take some time out and respond please. May be, you can even reuse that first line from James's email below but a reply would be highly appreciated. 

thank you, 

      From: James Gannon <james at cyberinvasion.net>
 To: Remmy Nweke <remmyn at gmail.com>; Zakir Syed <zakirbinrehman at yahoo.com> 
Cc: "ncuc-discuss at lists.ncuc.org" <ncuc-discuss at lists.ncuc.org>
 Sent: Thursday, August 11, 2016 6:20 AM
 Subject: Re: [NCUC-DISCUSS] important information

Sorry all for taking so long to wade into this, I have been off the grid at a security conference for 10 days.
First of all with full disclosure I was one of the people who raised this concern to the EC when I discovered that Peter was participating in ICANN policy development processes as a paid employee of a registry, specifically the Spec 11 drafting team, which I was excluded from on the basis that it was a closed group with the only eligible membership being Ry and Rr participants. I felt that this was a serious concern for us and it was one mentioned to me as a followup by RySG members in Helsinki that it was a clear conflict of interest.
I will quote a passage from Milton earlier in this thread and lend my full support to it:
"No, read the rule. It says that you cannot be a MEMBER of another constituency. It says (H.ii) "an individual internet user who is primarily concerned with the public interest aspects of domain name policy, and is not represented in ICANN through membership in another Supporting Organization or GNSO Stakeholder Group.  The idea is clear: no double-dipping in representation. It discourages attempts by other interest groups to dilute or take over ours. It is not just the voting representative.”
If we do not address conflicts of interest when they arise then we are failing ourselves, and with respect to Kathys position that the world is changing with new gTLDs that may be the case, but for the moment we are operating under the current bylaws with are clear. If people want to open NCUC membership up to double dipping in this way then they are free to make that proposal to the membership via a charter amendment and gather the requisite support.
Lets not make this a witch hunt everyone, a clear breach of the bylaws has been observed by the EC and they have taken action on that. This is not personal, this is not against a vendetta or agenda, its observing a process that is clear. If we are to now start arguing over this we have some serious internal problems over the accountability of this constituency, we cannot allow conflicts like this to stand and expect to make it through WS2 SOAC accountability discussions with any form of credibility intact.
-James
From: Ncuc-discuss <ncuc-discuss-bounces at lists.ncuc.org> on behalf of Remmy Nweke <remmyn at gmail.com>
Date: Thursday 11 August 2016 at 02:10
To: Zakir Syed <zakirbinrehman at yahoo.com>
Cc: "ncuc-discuss at lists.ncuc.org" <ncuc-discuss at lists.ncuc.org>
Subject: Re: [NCUC-DISCUSS] important information

@Seun and ZakirIt 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> 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>
To: Rafik Dammak <rafik.dammak at gmail.com>
Cc: "ncuc-discuss at lists.ncuc.org" <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> 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 thishttp://www.chinagov.cn/english /News/CONACNews/201509/t201509 24_281168.html and from records of the registry constituency working group such as this https://community.icann.org/di splay/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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-- 
------------------------------ ------------------------------ ------------

Seun Ojedeji,
Federal University Oye-Ekiti
web:      http://www.fuoye.edu.ng
Mobile: +2348035233535
alt email:seun.ojedeji at fuoye.edu.ng

Bringing another down does not take you up - think about your action!

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