[At-Large] [] TR: ANNOUNCEMENT : Results from Round 2 voting for At-Large selected Board Member for seat #15 of ICANN Board

Avri Doria avri at acm.org
Wed Dec 1 20:31:31 UTC 2010


H,

As another input to this discussion, though tangental.  I have appended a set of rules from the GNSO Procedures (i believe they are approved - it is sometimes hard to tell these days) that deal with the intangibles of Conflict of Interest.

First in the GNSO we do not have Conflicts of Interest because it is assumed that everyone is mired in interest.  So the items get call Statements of Interest and Declarations of Interest because the Interests that everyone is assumed to have, need to be made explicit and transparent.  By and Large I think this is a good idea.

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6. Please identify any other relevant arrangements, interests, or benefits as requested in the following three questions:

i. Do you have any type of commercial or non-commercial interest in ICANN GNSO policy development processes and outcomes? Please answer “yes” or “no.” If the answer is “yes,” please describe the commercial or non-commercial interest in ICANN GNSO policy development processes and outcomes.

ii. Are there any arrangements/agreements between you and any other group, constituency or person(s) regarding your participation as a work team member? Please answer “yes” or “no.” If the answer is “yes,” please describe the arrangements/agreements and the name of the group, constituency, or person(s).

iii. Do you receive any tangible or intangible benefit from participation in ICANN GNSO policy development processes and outcomes? For example, if you are an academic or NGO and use your position to advance your ability to participate, this relationship should be disclosed in the Statement of Interest just as should employment by a contracted party or a business relationship with a non-contracted party that has an interest in policy outcomes. Please answer “yes” or “no.” If the answer is “yes,” please describe the tangible or intangible benefits.

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While this situation is not identical to the one being discussed, I believe that it gives a flavor of  the types of considerations that people are looking at.  If something is an Interest that could be stated, then it could be an Interest that is in conflict.  While California law may focus primarily of financial interests, I expect that the legal staff deals with Talmudic layers of the onion and seeks to avoid liability by making the rules on CoI as protective and extensive as possible.

Additionally, I have spoken to various Board members who sit and observe working groups.  Almost to a man, I think it was all men, they indicate that while they can watch, they do not feel they can speak, except perhaps to ask a question, and even that is rare - mostly the questions are asked off-list.  This, I would note is am improvement from several years ago where they were even nervous about being on an WG email list.

Now with new 'activist' Board members like Sébastien and Bertrand, both of whom have stretched the boundaries of ICANN practices at times, I am looking forward to new understandings and developments in Board participation with the Hoi Paloi.

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