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

Joan Kerr joankerr at fbsc.org
Fri Nov 15 22:29:08 EET 2019


Hi Raoul,

I spoke with Stephanie yesterday and agreed that a message to David
apprising him of the complaint and let him have chance to respond.   I
believe he has responded, so we will have to be patient and see what the
situation is with EFA.

In light of this though, I think NPOC needs to have a two step verification
process, first the approval through NCSG and then NPOC sends an email to
the Board outlining the roles and responsibilities of a Organization
Representative.  I'll discuss this with Juan further.
Regards,

On Fri, Nov 15, 2019 at 8:53 AM Raoul Plommer <plommer at gmail.com> 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> 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> 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> <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>
>> <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> 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>
>> 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>
>> *Date:* November 13, 2019 at 16:43:35 EST
>> *To:* Stephanie Perrin <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>
>> *Date: *Tuesday, 12 November 2019 at 04:58
>> *To: *Maryam Bakoshi <maryam.bakoshi at icann.org>
>> *Cc: *Peter Tonoli <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
>>
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>

-- 

Joan Kerr, Entrepreneur, Artist, Humanitarian

_____________________________________

Chair, Climate Smart Victory Garden Team

Chair, ICANN, Not for Profit Operations Constituency

Chair, IEEE Sustainable Agriculture Working Group

Chair, Science for Peace, Climate Smart Victory Gardens

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UN WSIS Award Recipient, for Content & Creativity

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Founder, Foundation for Building Sustainable Communities

www.joankerr.ca, www.fbsc.org

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