[registrars] Proposed By-Law Amendment

["Michael D. Palage" <michael@palage.com>]

Hello All:

Under this proposed wording of Ross' by-law amendment, not only would I have
to step down as chair of the registrar constituency but I would be precluded
from future participation in this constituency because in my capacity as a
consultant to Afilias I have assisted in accrediting registrars during the
launch of .info and the transition or .org. During this accreditation
process I had access to financial documents which were required for each
registrar's accreditation. After the initial accreditation, the day to day
financial operations are handled by the accounting types.

I submit that my access to Afilias' documents last year had no impact on my
leadership role, and the access to primarily the same documents one year
later in connection with PIR will have no similar impact.

If the registrars want me to cease participation in the registrar
constituency I have no problem with that. In fact I am up for reelection in
a couple of months. I just want people to know what they are voting for and
its potential impact.

I guess I am a little defensive about the wording of a by-laws that would
preclude me from my continued participation within the constituency. I don't
consider it a witch hunt, just a poorly worded proposal that really doesn't
achieve what you are looking for.

A simple way around this is for PersonalNames to hire a new representative,
and then feed them the information/bias that Hakon would otherwise do
himself as you fear. The proposed by-laws does nothing to prevent this
danger from happening. Instead, my reliance is based upon intelligent
registrar constituency members that can see through biased position
statements.

Although Ross wants to play mother hen and protect the registrar's interest,
I believe they are all big boys and girls and can make their own
determinations, and if there is a breach of a confidentiality agreement or
contract let the courts resolve it. ICANN is after all suppose to be a
technical coordinating body :-)


Mike


Ross' proposal


I would like to formally move that any representative of any ICANN
recognized gTLD registry in the possession of or with access to registry
Proprietary Information
(http://www.icann.org/tlds/agreements/name/registry-agmt-apph-06mar01.htm#A-
3.1 in the case of GNR) or Registry Sensitive Information
(http://www.icann.org/tlds/agreements/name/registry-agmt-apph-06mar01.htm#A-
3.2 also in the case of GNR) not be permitted to participate in this
constituency at any level, in any capacity, for a period of one year since
the last receipt of such information and that our by-laws be amended to
reflect this.