[ALAC] Fwd: R: Confidentiality

Tue Jan 21 21:44:30 UTC 2014

+1

Thanks, Tijani.

On 21 January 2014 11:47, León Felipe Sánchez Ambía
<leonfelipe at sanchez.mx>wrote:

> Dear Tijani,
>
> Thank you very much for your very clear explanation.
>
> Now it all seems clear to me.
>
> All the best,
>
> León
>
> > El 21/01/2014, a las 10:31, "tijani.benjemaa at topnet.tn" <
> tijani.benjemaa at topnet.tn> escribió:
> >
> > Dear all,
> >
> > Sorry to react late : I was in the plan and just arrived.
> >
> > Thank you Alan for your precious input.
> >
> > As the Chair of the BMSPC (in charge of the process), I want to make
> things very clear:
> >
> > - Since the BCEC couldn't get the 360 report (I know it's not called 360
> anymore) on time, the voters who will sign a confidentiality document will
> have access to that report
> >
> > - The electorate is composed of the 15 ALAC members plus the 5 RALO
> chairs; Those people are the voters
> >
> > - The 15 ALAC members are not to consult with the ALSes; Although they
> represent their RALO in ALAC, they vote on their own behalf.
> >
> > - Only the 5 RALO chairs may give a directed vote (directed by the
> members of the RALO, means the ALSes). This is a decision of the RALO.
> >
> > - In this later case,  the RALO Chair doesn't have to share the 360
> report with the members of the RALO. You will ask me how they will direct
> the vote of their chai without having this information. They will give
> their opinion without having the information of the 360 report; I know it's
> infortunate, but we wouldn't be in this situation if the Board provided the
> report earlier, before the BCEC issues the slate.
> >
> > - All this concerns only the current occupant of the seat 15 on the
> Board who is Sebastien Bachollet if he applies for a second term. So none
> of the other candidate are concerned
> >
> > I hope this clarify the situation. If there is still confusion, please
> don't hesitate to share it on this list so all the list membersthat will
> receive it, as well as our clarification (Olivier, Alan and myself).
> >
> > Tijani
> >
> >
> >
> >
> >> On mar 21/01/14  4:00 , Alan Greenberg <alan.greenberg at mcgill.ca>
> wrote:
> >>
> >> A couple of comments on all of the comments
> >> below, from the perspective of one of the
> >> designers of the selection process and the person
> >> who drafted the current rules of procedure (with
> >> the details of the content being decided by a far wider group).
> >>
> >> - When we talk about the "electorate", it should
> >> be just that and not go into detail. Although the
> >> generic form of the electorate is the ALAC plus
> >> RALO chairs, it is quite possible that some of
> >> these may be replaced for the purposes of the votes.
> >>
> >> - Although we expect there to be significant ALS
> >> consultation, the majority of the voters
> >> ultimately have to exercise their own judgement,
> >> so although not being able to share the contents
> >> of the assessment is perhaps unfortunate, it is
> >> perhaps not crucial. The exception is for RALOs
> >> that may decide to have the ALSs direct the vote
> >> of their Chair. In that case, I don't have an easy way out.
> >>
> >> - I am confused and troubled by the comments in
> >> Roberto's message about disclosing confidential
> >> references to the BCEC. These references were
> >> requested with the understanding that they were
> >> to be confidential. I would have a LOT of trouble
> >> making them public, or even asking a referee if
> >> they were willing to have their input made
> >> public. This is simply not the kind of thing that should be done
> >> mid-stream.
> >>
> >> - To Leon's first two points, there is only one
> >> possible candidate being referred to here, and
> >> that is the current Seat 15 holder, if he should choose to run again.
> >>
> >> - On Leon's last point, these votes are
> >> completely confidential, and how a elector votes
> >> will not be made public (just as is the case with
> >> all ALAC-related votes on individuals).
> >>
> >> Alan
> >>
> >>> Dear Olivier,
> >>>
> >>> Thanks for this update. I also agree that an
> >>> informed voter is better than an uninformed one.
> >>> Therefore I too agree with signing a
> >>> confidentiality agreement in order to be able to
> >>> receive the information related to the candidates for the Board.
> >>>
> >>> Now, on the questions side. How will we be able
> >>> to comment on the candidates with the ALSs on
> >>> our region and orient our vote if we are indeed
> >>> under a confidentiality agreement?
> >>>
> >>> I can see some alternatives in order to avoid breaching the agreement:
> >>>
> >>> 1.- Comment on the candidates virtues without
> >>> telling the name of the candidate.
> >>>
> >>> 2.- Letting ALSs know the list of persons postulated and asking for
> >> feedback.
> >>>
> >>> 3.- Asking the ALSs to blindly trust on our
> >>> judgement and once the election ends, be open to
> >>> comment on the decision by each voter.
> >>
> >>>
> >>>
> >>> All the best,
> >>
> >>
> >>>
> >>>> Dear all,
> >>>>
> >>>> following up on Roberto's message below and to summarise the status
> >> so far:
> >>>>
> >>>> The Board Governance Committee (BGC) who run the 360 reviews on
> >> current
> >>>> Board members whose term is due to expire will not be able to provide
> >>>> its report to the BCEC in time before the BCEC selects its slate of
> >>>> candidates.
> >>>>
> >>>> The results of the review of our current Board member will therefore
> >>>> need to be shared amongst a wider set of people, very likely to be
> >> the
> >>>> complete electorate - hence the ALAC members 'ALAC Working List'
> >>>>> *Oggetto:* Confidentiality
> >>>>>
> >>>>>
> >>>>>
> >>>>> I was trying unsuccessfully to ask for the floor after the comments
> >> from
> >>>>> Tijani and Alan, maybe my line was muted, then I had to go back to
> >> my
> >>>>> meeting, where I am right now.
> >>>>>
> >>>>> I would like to go on record saying that:
> >>
> >>>>> we had discussed and agreed in Buenos Aires our common position. The
> >>>>> wider the number of people that have access to a piece of
> >> information,
> >>>>> the higher the risk that we have leaking data, and from that on the
> >> step
> >>>>> to the information being public is very small.
> >>
> >>>>> have consulted with the NomCom Chair and with ICANN General Counsel
> >> and
> >>>>> then decided to require the non-disclosure to be signed by all,
> >> before
> >>>>> giving access to confidential material.
> >>
> >>>>> evaluation by the voters, although being a theoretically valid
> >> question,
> >>>>> brings as a corollary the question on why should the voters also not
> >>>>> have access to the reference letters for all candidates. You see
> >> that,
> >>>>> step by step, we can undermine completely the confidentiality, and
> >>>>> therefore the trust in the process.
> >>
> >>>>> would strongly recommend, if you do so, to at least require a
> >>>>> non-disclosure similar to the one that BCEC members have signed. I
> >> would
> >>>>> also encourage you to look for advice by General Counsel.
> >>
> >>>>> information with the regional voters is in open violation of the
> >>>>> confidentiality agreement signed by BCEC members.
> >>>>>
> >>>>> Thanks,
> >>>>>
> >>>>> Roberto
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>>
> >>>>> _______________________________________________
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> >>>>>
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> >>
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(AL
> >> AC[3])
> >>>>
> >>>> --
> >>
> >>>> http://www.gih.com/ocl.html [4]
> >>>>
> >>>> _______________________________________________
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> >>>>
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> >>
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> >> AC[7])
> >>>
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> >>
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> >> LAC[10])
> >>
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> >>
> >>
> >>
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> >>
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> >> play/atlarge/At-Large%2BAdvisory%2BCommittee%2B%28ALAC[11]
> >>
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> >> /mailman/listinfo/alac[12]
> >>
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> >> [13]
> >>
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> >> play/atlarge/At-Large%2BAdvisory%2BCommittee%2B%28ALAC
> >>
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-- 
Evan Leibovitch
Toronto Canada

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