[EC-NCSG] Fwd: NPOC membership issues

Sat Jun 23 18:15:51 EEST 2012

Alain,

If there are any pending membership applications that you believe need the EC's attention, please point to them, specifically.  

And please remember use this list for the discussion of any pending applications.

Thank you,
Robin

Begin forwarded message:

> From: Alain Berranger <alain.berranger at gmail.com>
> Subject: NPOC membership issues
> Date: June 21, 2012 6:59:54 AM PDT
> To: Robin Gross <robin at ipjustice.org>
> Cc: "Klaus.Stoll" <klaus.stoll at chasquinet.org>, Lori Schulman <lori.schulman at ascd.org>
> 
> Dear Robin,
> 
> The NCSG-EC needs to distinguish between "voting" and "participating".
> 
> Section 6.2.6 of the GNSO Operating Rules and Procedures (ORPs) already limits "voting".  Section 6.2.6(d) specifically prohibits a legal or natural person from being a "voting" member of more than one Group. So NCSG simply has to apply those rules during the voting periods.
> 
> However, there is no specific limitation to "participating" in the GNSO rules and the NCSG rules in particular clearly permit an entity to name a "representative" without limitation. Also,  GNSO's ORPs, Section 6.2.6(c), permits voting members of groups to appoint proxies to vote in their place.
> 
> NCSG-EC cannot make decisions based on what we think are the intentions of a prospective member or its representative, but on reasonable and objective application of ICANN rules and procedures.
> 
> If you check here:  http://gnso.icann.org/council/gnso-operating-procedures-16dec11-en.pdf , you will see that Chapter 6 contains many of the applicable principles related to the current disagreement that Mr. Bikoff has with the way that the membership process is currently being applied by the NCSG-EC. Please refer to your exchanges with Jim for the details.
> 
> Meanwhile, you probably have learned that Jim Bikoff has filed a complaint about this. 
> 
> In the spirit of San Jos? agreement between NPOC and NCUC, I ask you to bring this issue to the NCSG-EC soonest so we can review the situation and come to a revised decision in line with NPOC, NCSG and GNSO Rules and Procedures.
> 
> On a more generic level re NPOC/NCSG membership, I think we have made good progress with the new NCSG form. I ask that you please make it an NCSG-EC priority in Prague to resolve the small procedurial points raised by Klaus in order to eliminate quickly the long list of NPOC's pending and new membership applications on hand. Delays have already been detrimental to the organic growth of NPOC and cannot be tolerated anymore.That done, we can resume new NPOC recruiting using the new form. But I do not wish to go back to NPOC Applicants to resubmit their application: Klaus is willing to carry out himself the workload of an additional step with the pending NPOC members to respond to the missing info on the new NCSG form, as if they had filled the new form back whenever.
> 
> I think this a reasonable approach.
> 
> I am looking forward to discuss and solve the specific and generic issues in Prague.
> 
> Best and travel well, Alain
> 
> On Tue, Jun 19, 2012 at 1:48 PM, Robin Gross <robin at ipjustice.org> wrote:
> Hello Alain,
> 
> The main problem with Mr. Bikoff and his firm is that they are already members of the Intellectual Property Constituency in the Commercial Stakeholder Group.
> 
> Several times during the Costa Rica meeting, when Mr. Bikoff would take the floor to lobby on behalf of his client of the IOC, he would start his intervention by declaring he was a member of the IPC.  Also see his Statement of Interest where he declares his a member of the IPC.   
> 
> So the problem is not only that he is a commercial law firm wanting to represent his client's interests under the "noncommercial" umbra, but mainly that he is trying to participate in BOTH the CSG and the NCSG to advance those client's interests.    Why is Mr. Bikoff so unwilling to accept the same rules as everyone else?   Rules that are intended to ensure fairness of representation.  We do not want to create incentives for gaming the system to obtain a larger share of votes in GNSO policy, as Mr. Bikoff proposes.
> 
> Even if we wanted to bend the rules and let Mr. Bikoff participate in NCSG, there are still GNSO rules prohibiting cross-SG participation.   With all the pressure on ICANN to tighten the loopholes for conflicts of interests of its participants, it would be unwise for NCSG to propose to loosen those protections against conflicts of interests further.  The board and the GAC have spent considerable time in recent months working to get rid of loopholes that encourage conflicts of interests, and it would not look well for NCSG to move in the opposite direction with a more permissive attitude about conflicts of interests.
> 
> Thanks,
> Robin
> 
> 
> On Jun 18, 2012, at 12:02 PM, Alain Berranger wrote:
> 
>> Hi again Robin,
>> 
>> ..any response to this before we attempt to chat tomorrow with Milton and Lori?
>> 
>> Thks, Alain
>> 
>> On Thu, Jun 14, 2012 at 3:48 PM, Alain Berranger <alain.berranger at gmail.com> wrote:
>> Hi Robin,
>> 
>> Ideally, I would like to email/chat before Prague...
>> 
>> Thks, of course I don't mean that Jim's firm become a member of NPOC... I'm quite open to hear all points of view... I understand and agree with you...
>> 
>> By Ok with Jim's request, I only mean that his firm can represent NFP pro-bono clients who are NPOC members or wish to be... 
>> 
>> Alain
>> 
>> 
>> On Thu, Jun 14, 2012 at 3:43 PM, Robin Gross <robin at ipjustice.org> wrote:
>> Hello Alain,
>> 
>> GNSO rules prohibit people from being participants in both the Commercial Stakeholder Group and the Non-Commercial Stakeholder Group, not only NCSG rules.  I have no idea what Mr. Bikoff has told you, but he is not eligible to participate in NCSG since he is an active member of the Intellectual Property Constituency.   
>> 
>> NCSG welcomes the participation of National Grange - we don't have any problem with the organization and would welcome them into the membership as soon as they provide the name of an eligible representative.
>> 
>> It Mr. Bikoff who is trying to participate in both CSG and NCSG at the same time that we can't bend any rules for.  Obviously this would only encourage game-playing by attorneys in the IPC to also join NCSG, when the balance between these interests has been carefully measured by the board and the very structure of ICANN and the GNSO.   What Mr. Bikoff wants would violate NCSG rules, GNSO rules, and encourage manipulation by over-zealous attorneys to join as many places and as many times as possible in order to have an unfair advantage in GNSO voting power.
>> 
>> Before you decide you are "ok with Jim's request", please consider the consequences and hear all sides of the story.
>> 
>> Thanks for understanding.  Let's discuss this further in Prague.
>> 
>> All best,
>> Robin
>> 
>> 
>> 
>> 
>> On Jun 14, 2012, at 12:30 PM, Alain Berranger wrote:
>> 
>>> Hi Robin,
>>> 
>>> NPOC is quite OK with Jim's request...do you see any wiggle room by the NCUC side of NCSG? Maybe the two of us can make informal progress on this before Prague?..and see where we can take it... building on the SJ collaboration spirit...
>>> 
>>> Alain
>>> 
>>> -- 
>>> Alain Berranger, B.Eng, MBA
>>> Member, Board of Directors, CECI, http://www.ceci.ca
>>> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
>>> Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
>>> NA representative, Chasquinet Foundation, www.chasquinet.org
>>> Chair, NPOC, NCSG, ICANN, http://npoc.org/
>>> O:+1 514 484 7824; M:+1 514 704 7824
>>> Skype: alain.berranger
>>> 
>> 
>> 
>> 
>> 
>> -- 
>> Alain Berranger, B.Eng, MBA
>> Member, Board of Directors, CECI, http://www.ceci.ca
>> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
>> Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
>> NA representative, Chasquinet Foundation, www.chasquinet.org
>> Chair, NPOC, NCSG, ICANN, http://npoc.org/
>> O:+1 514 484 7824; M:+1 514 704 7824
>> Skype: alain.berranger
>> 
>> 
>> 
>> 
>> -- 
>> Alain Berranger, B.Eng, MBA
>> Member, Board of Directors, CECI, http://www.ceci.ca
>> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
>> Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
>> NA representative, Chasquinet Foundation, www.chasquinet.org
>> Chair, NPOC, NCSG, ICANN, http://npoc.org/
>> O:+1 514 484 7824; M:+1 514 704 7824
>> Skype: alain.berranger
>> 
> 
> 
> 
> 
> -- 
> Alain Berranger, B.Eng, MBA
> Member, Board of Directors, CECI, http://www.ceci.ca
> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
> Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
> NA representative, Chasquinet Foundation, www.chasquinet.org
> Chair, NPOC, NCSG, ICANN, http://npoc.org/
> O:+1 514 484 7824; M:+1 514 704 7824
> Skype: alain.berranger
> 

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