[NCSG-EC] Fwd: [Ext] David Cake is not an authorised representative/contributor from Electronic Frontiers Australia

Fri Nov 15 17:50:29 EET 2019

Unfortunately, misrepresenting yourself in order to be a member, eligible for travel funding, and receiving that funding whilst being aware of the misrepresentation, amounts to fraud.  I am not accusing anyone of fraud at this point, we have only heard one side of the story.  However, as a responsible and accountable organization, we should in my view make the organization (i.e. ICANN Travel in this case) aware that we were unaware that one of our members was not eligible for membership/funding.  All in good time, of course.  We have yet to hear from David, and I am sincerely hoping this is not as bad as it looks.

cheers Stephanie

On 2019-11-15 08:52, Raoul Plommer wrote:
I think removing membership from NPOC is punishment enough, to be honest and we already did that, at least on our list of members. The complaint is fairly public already. I think the next and perhaps final step would be to ask Lyndsey for a replacement to Dave, possibly two, (OR & AR).

-Raoul

On Fri, 15 Nov 2019 at 14:57, Juan Manuel Rojas via NCSG-EC <ncsg-ec at lists.ncsg.is<mailto:ncsg-ec at lists.ncsg.is>> wrote:
Hi everyone!
I've been gathering information to know what we should do. According to our records David Cake is only member as Organizational Representative for EFA, so we can let aside any thought about his individual membership. On the other hand, I was reading both NPOC and NCSG charter and I found the following:

In NCSG charter says: "The Official Representative must be formally delegated authority to represent the Member Organization within NCSG  proceedings by an authorized officer or official of that Member Organization", forward it mention about loss of membership:
"In the event that an NCSG member in good standing believes that membership is  held inappropriately by another organization or individual, a request can be made  to the NCSG EC to review whether the disputed member meets the criteria for  membership." I have not found any other mention to sanction or penalties on this regard.

Otherwise, in NPOC charter under 9.3 Privileges and Limitations says: "In the event the (NPOC) EC discovers that a member did not declare a potential conflict of interest, its membership shall be suspended by the EC for six (6) months."

My two cents,

JUAN MANUEL ROJAS P.
Presidente - AGEIA DENSI Colombia
NCSG EC - ICANN
Cluster Orinoco TIC member
Master IT candidate, Universidad de los Andes

Cel. +57 3017435600
Twitter: @JmanuRojas<http://www.twitter.com/jmanurojas>

El jueves, 14 de noviembre de 2019 05:17:06 p. m. GMT-5, Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> escribió:

Thanks!

SP

On 2019-11-14 15:13, Maryam Bakoshi wrote:
Hi Stephanie,

4 votes for NCSG, and NCUC; 1 for NPOC.

—
Many thanks,

Maryam Bakoshi | SO/AC Collaboration Services Sr. Coordinator
ICANN | Internet Corporation for Assigned Names and Numbers
S: Maryam.bakoshi.icann | T: ‭+44 7846 471777‬

On 14 Nov 2019, at 17:12, Stephanie Perrin via NCSG-EC <ncsg-ec at lists.ncsg.is><mailto:ncsg-ec at lists.ncsg.is> wrote:

Just out of curiousity, I wonder how many votes David got?  4 for NPOC and 4 for NCUC/  How does that work Maryam?

cheers Steph

PS I am sending David the complaint with the name removed.  I do not want to receive a privacy complaint on top of everything else.

On 2019-11-14 09:19, Juan Manuel Rojas wrote:
Hi all,
As NPOC Membership Chair I will ask her give us a name to change of their representative in our Constituency.

JUAN MANUEL ROJAS P.
Presidente - AGEIA DENSI Colombia
Membership Committee Chair. Non-for-Profit Operational Concerns Constituency (NPOC) - ICANN
Cluster Orinoco TIC member
Master IT candidate, Universidad de los Andes

Cel. +57 3017435600
Twitter: @JmanuRojas [twitter.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.twitter.com_jmanurojas&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=1A9IIOkJia11FXDmJ1R4Jn7wGT4ExHiVuBF89mvNt_Q&m=WerCxVkqVxuQVsVPYCQ3y4n0uwenza8YMUkeFqrW2OM&s=l1drrYpbQPMTmL_auYui7kwT4YYKeEBn2RJo9xwGKIQ&e=>

El miércoles, 13 de noviembre de 2019 06:20:26 p. m. GMT-5, Raphaël Beauregard-Lacroix via NCSG-EC <ncsg-ec at lists.ncsg.is><mailto:ncsg-ec at lists.ncsg.is> escribió:

Ok yes so he is indeed listed as representative of EFA as well as an "employee" of that organization.

I think it would be important to know whether anyone represents EFA at this point as far as NPOC is concerned however; otherwise we'll have a technically inactive org.

Best,

On Wed, Nov 13, 2019 at 6:18 PM Raphaël Beauregard-Lacroix <rbeauregardlacroix at gmail.com<mailto:rbeauregardlacroix at gmail.com>> wrote:
Can't access members.ncsg.is [members.ncsg.is]<https://urldefense.proofpoint.com/v2/url?u=http-3A__members.ncsg.is&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=1A9IIOkJia11FXDmJ1R4Jn7wGT4ExHiVuBF89mvNt_Q&m=WerCxVkqVxuQVsVPYCQ3y4n0uwenza8YMUkeFqrW2OM&s=MXYFch-rg2gPFFHMOPHzOyrE5sXRntSLOoY5XZLpl8E&e=> just now and I am not informed of who he claims/ed to represent, but if he indeed does not represent any organization then he must be an individual member, with whatever ensues on the side of NPOC.

So yes do contact him.

Best,

On Wed, Nov 13, 2019 at 6:09 PM U Of T via NCSG-EC <ncsg-ec at lists.ncsg.is<mailto:ncsg-ec at lists.ncsg.is>> wrote:
I will reach out to her and explain how our membership system works.  If you all agree, I will notify David immediately that he has to change his membership status in NCSG to individual.  I guess that means dropping out of NPOC?
Cheers Stephanie

Sent from my iPhone

Begin forwarded message:

From: Maryam Bakoshi <maryam.bakoshi at icann.org<mailto:maryam.bakoshi at icann.org>>
Date: November 13, 2019 at 16:43:35 EST
To: Stephanie Perrin <stephanie.perrin at MAIL.UTORONTO.CA<mailto:stephanie.perrin at MAIL.UTORONTO.CA>>
Subject: FW:  [Ext] David Cake is not an authorised representative/contributor from Electronic Frontiers Australia

Hi Stephanie,

FYI…

Many thanks,

--

Maryam Bakoshi | SO/AC Collaboration Services Sr. Coordinator

ICANN | Internet Corporation for Assigned Names and Numbers

S: Maryam.bakoshi.icann | T: +44 7846 471777

From: Lyndsey Jackson EFA Chair <chair at efa.org.au<mailto:chair at efa.org.au>>
Date: Tuesday, 12 November 2019 at 04:58
To: Maryam Bakoshi <maryam.bakoshi at icann.org<mailto:maryam.bakoshi at icann.org>>
Cc: Peter Tonoli <peter at metaverse.org<mailto:peter at metaverse.org>>
Subject: [Ext] David Cake is not an authorised representative/contributor from Electronic Frontiers Australia

Dear Maryam Bakoshi,

I have been contacted by a participant at ICANN in regards to a complaint made against David Cake. While I do not wish to make any judgement on the complaint of the process, one thing that is very concerning is that this person is under the impression that David Cake has been participating on behalf of Electronic Frontiers Australia as a representative to the Not-for-Profit Operational Concerns Constituency of ICANN.

David Cake in no way has authority from the EFA board to do this. David was not renominated for the board in 2017. In 2018 he was renominated, however shortly after the board unanimously voted to remove him. He does not have any board approval to represent the organisation, he has not advised the board of any involvement, and has not reported back to the board at all. He has not been the Chair of EFA for the past two years, I have. David is still involved in the EFA policy committee, however he holds no position or authorisation, and his involvement over the past two years has been marginal.

I have emailed David to ask him to clarify and confirm that he is not participating in ICANN as a representative of EFA. If he is, it would be a breach of the organisations rules. I have also asked that he emails you to ask that this page be updated as a priority to remove the line about David being the EFA chair https://npoc.org/leadership/ [npoc.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__npoc.org_leadership_&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=1A9IIOkJia11FXDmJ1R4Jn7wGT4ExHiVuBF89mvNt_Q&m=ffh87nniKwre858txaLC_xzlo3-mMLc56UX_BYV5_t8&s=D0h6EhNXmHAmX9WSK0laGwEoUsZYkSeW-7yaY_W0vDA&e=> - I do expect him to do this, however would like this updated as a matter of priority regardless.

I would also request that if there are any other materials, online profiles, or places where his representation of EFA is stated that that too be updated with the EFA reference removed.

I realise post ICANN it's probably a busy time for you, but when appropriate I would very much value you being in touch to advise on how EFA can continue appropriate representation in ICANN going forward.

Many thanks,

Lyndsey

Peter Tonoli EFA Vice Chair cc'd into correspondence

--

  Lyndsey Jackson | Chair

  Electronic Frontiers Australia

  chair at efa.org.au<mailto:chair at efa.org.au>

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