[ga] Re: (Fwd) a cctld representative

["M. Stuart Lynn" <lynn@icann.org>]

Dear Peter -- I am not sure I have posting privileges, but I am sure 
you can arrange that.

One important point to remember is that this appointment is just a 
temporary one as required by the Bylaws. The Board's role is merely a 
transition role. The Bylaws call for the ccNSO,  once it is formed, 
to make the regular appointment to the NomCom. And the Bylaws also 
now call for the NomCom to make certain Board appointments. And the 
Board and I must legally follow the Bylaws as they are now written.

I will check today as to whether there is anything (such as implied 
privacy) that inhibits me from sharing the candidate information.

Stuart


At 5:51 PM +1300 3/14/03, barrister@chambers.gen.nz wrote:
>     Dear Stuart,
>     I'd prefer this exchange to stay on the public lists, and assume 
>you have no problem
>     with that.
>
>     On 13 Mar 2003 at 18:54, M. Stuart Lynn wrote:
>     > Dear Peter:
>     >
>     > Thank you for your input.
>
>     > I find it odd that you should think that a board as globally diverse
>     > as is that of ICANN selected Mr. Staley because of his alleged (by
>     > you)  pro-U.S. bias.  I also find it odd that you should consider a
>     > process to be closed and secretive when solicitations and nominations
>     > were openly posted on our website and an email request for suggestions
>     > went to every ccTLD administrator.
>
>     I should be very glad to see the nominations that were made, and 
>what result there
>     was to the solicitations made. Can you point me to where the 
>nominations are
>     listed? Thanks. 
>     > Could it be that Mr. Staley is in fact very well-qualified if you
>     > analyze the requirements for a member of the Nominating Committee?
>     > Independent of his nationality. Or am I perceiving traditional rivalry
>     > between Australia and New Zealand?
>     >
>     I make no coment at all about Mr Staley's suitability. but about 
>the process of
>     appointment.
>
>     > And then again, I did not see any interesting nominations come in from
>     > you or for you. Or from any member of the ccTLD Admin. Or from the
>     > ccTLD Admin collectively.  Did we miss something? I come from a school
>     > that believes that if one does not choose to participate in a process,
>     > one can hardly be surprised at the outcome.
>
>     Yes, you missed something.
>
>     The solicitation read in part:
>     
>     "To the ccTLD community:
>
>        ICANN's reform process has resulted in adoption of a 
>Nominating Committee
>        mechanism for selection of qualified candidates to ICANN's 
>Board of Directors (8
>        seats), the At-Large Advisory Committee (5 seats), and the 
>GNSO Council (3
>        seats). (When the Country-Code Names Supporting Organization 
>is formed, three
>        of its eighteen members will also be selected by the 
>Nominating Committee.)"
>
>     I for one found this final statement breathtakingly arrogant.
>
>     The cctld opposition to having appointments from the Nominating 
>Committee is well
>     publicised and well known. It can be seen, for example in the 
>first statements made
>     in response to the Blueprint in Bucharest, and most recently 
>confirmed at the
>     APTLD AGM by that regional association. An extract from the 
>AGM's statement is
>     pasted below, and has been sent to the Icann reeform site:
>
>     Preliminary Recommendations on ccNSO Council
>    
>3.1.APTLD confirms that the council comprise fifteen voting members
>     being three from each geographical region[1]. The ccTLDs have established
>     regular liaisons with the other ICANN constituencies and SOs and because
>     of our responsibilities to the local Internet communities have taken into
>     account the interests and viewpoints of the wider Internet stakeholders.
>    
>3.2.Should the Board ignore the strong feeling and appoint council
>     members via the Nominating Committee, then natural justice requires that
>     ccTLDs be represented on that committee.
>
>     I understand that at least Centr has also continued with its 
>rejection of this feature.
>
>     How you can be publishing a statement like that in the 
>solicitation, when the issue of
>     the ccSO hangs in the balance simply escapes me.
>
>     We have been led to believe that if the cctlds come to Rio, and 
>debate the report of
>     the assistance group, or the ERC comments on it, that that 
>debate will actually be
>     taken into account in framing any bylaws setting up an SO.
>
>     This statement makes it clear that despite a continuation of 
>unanimous rejection of
>     that principle by the cctlds, at least the Chair of the ERC 
>intends to carry on with a
>     SO which suits him, not the intended members.
>
>     I'd be very interested in your view about this point.
>
>     Do you accept that rejection of this principle by the cctlds 
>meeting in Rio will result
>     in this feature of the Blueprint being removed?
>
>     If not, what is to be gained by debate in the face of 
>pre-determined positions?
>
>     So, you see that the issue of the Nominating Committee rather 
>turns on the issue of
>     the shape of the SO.
>
>     If the cctlds don't like it, and decide in any reasonable 
>numbers not to join ICANN,
>     they have little or no interest in who sits on the Appointments Committee.
>
>     If they do get an SO in a form which they choose to join, they don't need
>     membership of that committee, as it will not be making 
>appointments to their
>     Council, and they see it as inappropriate to have a voice in 
>making appointments to
>     other bodies.
>
>     If there is to be appointments by an appointments committee to 
>the ccSO, ( lets not
>     rule out this, for the sake of argument ) then you can expect to 
>hear from the cc's on
>     what they consider is an appropriate level of membership - one 
>out 19 members
>     strikes us as rather limited.
>
>     So I rather think this uncertainty is behind why you heard 
>nothing from the Adcom
>     and from other cctlds.
>
>
>     > And your statement about obtaining consensus views shows that you do
>     > not understand how the Nominating Committee is supposed to work.
>     > Members are delegates not representatives.
>
>     Probably true -its irrelevance to the possible place for cctlds 
>in ICANN has meant
>     few of us have studied it much. I personally think its a camel of an idea.
>
>      Once appointed, they act in
>     > the way they think best bringing their own broad experiences and
>     > contacts to the table. As far as directors with a representative
>     > flavor are concerned, the ccNSO, once formed, would elect two
>     > Directors.
>     >
>     Which raises another interesting issue. If an SO is formed and 
>only a few countries
>     join, say the few countries who have signed contracts, would 
>those few still be
>     entitled to two board seats? Why?
>     > Cheers -- hope to see you in Rio.
>     >
>     Absolutely. I think organising cctld meetings alongside ICANN's 
>meetings is useful
>     way to exhange ideas, and trust that it continues.
>
>     Regards
>
>     Peter
>     > Stuart
>     >
>     > >------- Forwarded message follows -------
>     > >From:         	Self <barrister@chambers.gen.nz>
>     > >To:           	board@icann.org, lynn@icann,
>     > >	org
>     > >Subject:      	a cctld representative
>     > >Copies to:    	ga@dnso.org, cctld-discuss@wwtld.org
>     > >Date sent:    	Fri, 14 Mar 2003 14:42:13 +1300
>     > >
>     > >Dear Board,
>     > >I gather the board has appointed a representative to act as the cctld
>     > >representative on the Nominating committee.
>     > >
>     > >The board is to be congratulated. Faced with the huge diversity of
>     > >opinion, geography, legal tradition, ethnicity and language that the
>     > >cctlds represent, which causes we elected officials of cctld
>     > >instituitions so much time and trouble in establishing consensus
>     > >positions on key matters, the board has been able, by a secret
>     > >process, to appoint a white, middle- aged male, from a country with
>     > >an Anglo-Saxon based linguistic and legal tradition closely similar
>     > >to that of the US.
>     > >
>     > >Of course, the board is also entirely justified in selecting someone
>     > >from one of the very few countries to actually sign a contract with
>     > >ICANN.
>     > >
>     > >Doubtless the board has prepared answers to those who will suggest
>     > >that such a representative is non-representational. Similarly, the
>     > >board will be able to ridicule any who were to suggest that the fact
>     > >that Australia is one of the few countries in the world supporting
>     > >the current US approach to honouring UN resolutions, or that the next
>     > >Chair of ICANN is from Australia, or that Australia's long term
>     > >support of the GAC has anything to do with this appointment.
>     > >
>     > >All of these answers will no doubt ring with the authenticity of a
>     > >board devoted to the principles of open and transparent process, and
>     > >with an eye to persuading the cctlds that ICANN is an organisation
>     > >which they should join.
>     > >
>     > >I look forward to learning of the mechanism by which he will be
>     > >provided with the consensus views of the cctlds in order to carry out
>     > >the function. Doubtless another bottom-up, transparent and
>     > >consultative process will be adopted, as a result of which cctlds
>     > >will be told what their representative has done.
>     > >
>     > >My regards
>     > >
>     > >
>     > >
>     > >Peter Dengate Thrush
>     > >
>     > >------- End of forwarded message -------
>     >
>     >
>     > --
>     >
>     > __________________
>     > Stuart Lynn
>     > President and CEO
>     > ICANN
>     > 4676 Admiralty Way, Suite 330
>     > Marina del Rey, CA 90292
>     > Tel: 310-823-9358
>     > Fax: 310-823-8649
>     > Email: lynn@icann.org


-- 

__________________
Stuart Lynn
President and CEO
ICANN
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292
Tel: 310-823-9358
Fax: 310-823-8649
Email: lynn@icann.org
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