[At-Large] ICANN Accountability Mechanisms

parminder parminder at itforchange.net
Sun Jan 2 10:39:36 UTC 2022 

On 31/12/21 4:26 am, Jeff Neuman via At-Large wrote:
> FYI, I have updated my At-Large SOI and GNSO SOI to disclose the
> propose future role as Chief Legal Officer of Dot Hip Hop, LLC the
> future registry operator for .hiphop.
>
> I apologize for not having done this before, but I was waiting for the
> assignment to be approved.  We filed it 141 days ago.


A conflict of interest does not arise when you are actually officially
assigned a position etc, it arises when you start to engage with an
activity -- applying for the assignment in this instance -- that, as
here, directly conflicts with your public interest roles in At-Large ,
GNSO etc.To explain further if this is still unclear to you: At-Large
and GNSO need to know it when you were actively pursing some commercial
interests in applying for a gLTD etc, and not latter when it is already
assigned. Is it not so very simple and straight-forward!

How the 'multistakeholderist community' reads this democratic vestige of
the idea of 'conflict of interest' is absolutely a disgrace, and
dishonor to all those who fought for and built democracies. As I read
Jeff's email below of Dec 30th, my head spins as to how hallowed
concepts like 'conflict of interest' can be mauled in self-defense.

(It is the MSist sin when they conflated corporate governance with
public governance, whereby the thin half ethics of the former are
employed as the foundations for what has to be public governance of some
public functions. Although these practices do not pass even the light
corporate governance ethical tests.)

To have someone so deeply involved with shaping new forms and business
models of gTLD, and making direct money out of it, as GNSO's liaison to
GAC and to ICANN stuff -- nothing personal here, but it makes my
democratic guts retch in sheer horror. This is multistakeholderism for
you! A pall bearer for the elite who have always felt popular democracy
as a thorn in their side!

parminder

PS: As should be obvious, I have nothing against people dong businesses
like Jeff is into, but wanting to then also be one of the key people in
regulation/ governance systems for those business is what absolutely
gets my goat.


>
> Jeffrey J. Neuman
> Founder & CEO
> JJN Solutions, LLC
> Jeff at JJNSolutions.com
> +1.202.549.5079
> Http://www.jjnsolutions.com
>
>
> ------------------------------------------------------------------------
> *From:* At-Large <at-large-bounces at atlarge-lists.icann.org> on behalf
> of Jeff Neuman via At-Large <at-large at atlarge-lists.icann.org>
> *Sent:* Thursday, December 30, 2021 3:18 PM
> *To:* Hank Nussbacher; at-large at atlarge-lists.icann.org
> *Subject:* Re: [At-Large] ICANN Accountability Mechanisms
>  
> Good Questions Hank.
>
>  1.  The issues with .hiphop are contained in the Reconsideration
>     Request found here:
>      https://www.icann.org/resources/pages/reconsideration-21-3-dot-hip-hop-request-2021-12-16-en
>     <https://www.icann.org/resources/pages/reconsideration-21-3-dot-hip-hop-request-2021-12-16-en>.
>      I am not avoiding answering the question, but there are 25 pages
>     of issues and an addition dozen or so other pages of facts.  
>  2. I do not believe that my position with Dot Hip Hop, LLC as its
>     Chief Legal Officer and owner of a small minority interest of the
>     company presents a conflict.  I was put in those positions
>     (especially the ODP Liaison) because of my knowledge, skill, and
>     experience with the PDP for the next round.  (Dot Hip Hop, LLC was
>     in the 2012 round).  One other note, I did not update my Statement
>     of Interest because I was waiting for the actual approval of the
>     assignment request before disclosing.  Since Dot Hip Hop, LLC is a
>     shell entity without any assets until ICANN approves the
>     assignment, I didn’t disclose.  ICANN was supposed to have
>     approved the Assignment request in October and if they had met
>     their own deadline, I would have disclosed my position prior to
>     getting those positions. I have committed to performing those
>     roles with independence, openness an transparency and believe that
>     I have done that to date.  If anyone believes otherwise, I would
>     be happy to address, and if required, would step down.  I am not
>     being paid by anyone in serving in these leadership roles and do
>     them both on a volunteer basis.  I like to serve the ICANN
>     Community and would like to continue to make it a better place.
>      But, it is volunteer work that I would give up if anyone honestly
>     believes there is a conflict.  If you have any concerns, let me
>     know. I truly am an open book.  I think at one time ICANN called
>     me a “Bad M$#%F#$%” because I tell everyone exactly what is on my
>     mind.  I dont believe in secrets (unless required by law or in
>     serving as an attorney)
>  3. LOL on 4 months vs 4 years.   THe average turnaround time for an
>     assignment request for the big players is less than 60 days.  
>
>
> Jeffrey J. Neuman
> Founder & CEO
> JJN Solutions, LLC
> Jeff at JJNSolutions.com
> +1.202.549.5079
> Http://www.jjnsolutions.com
>
>
> ------------------------------------------------------------------------
> *From:* At-Large <at-large-bounces at atlarge-lists.icann.org> on behalf
> of Hank Nussbacher via At-Large <at-large at atlarge-lists.icann.org>
> *Sent:* Thursday, December 30, 2021 1:01:41 PM
> *To:* at-large at atlarge-lists.icann.org <at-large at atlarge-lists.icann.org>
> *Subject:* Re: [At-Large] ICANN Accountability Mechanisms
>  
> On 30/12/2021 17:46, Jeff Neuman via At-Large wrote:
>
> I have no opinion on this matter but have a few newbie questions:
>
> 1.  Based on https://icannwiki.org/.hiphop
> <https://icannwiki.org/.hiphop> - what is the issue with
> .hiphop?
> 2.  Based on
> https://www.jjnsolutions.com/post/jeffrey-j-neuman-appointed-to-internet-leadership-positions-at-icann-72
> <https://www.jjnsolutions.com/post/jeffrey-j-neuman-appointed-to-internet-leadership-positions-at-icann-72>
>
> isn't it a conflict of interest on your part?
> 3.  Based on
> https://circleid.com/posts/20211230-icannas-accountability-mechanisms-in-name-only
> <https://circleid.com/posts/20211230-icannas-accountability-mechanisms-in-name-only>
>
> you state "following ICANN staff inaction (for its over four-month
> delay) of its Assignment Request for the .hiphop Registry Agreement." -
> based on my experience with ICANN processes, a 4 month delay is a mere
> second in ICANN time. I would start complaining only after 4 years.
>
> Regards,
> Hank
>
> NB The opinions or lack of opinions expressed above are solely my own
>
> > All,
> >
> > I thought this was important enough of an issue to be discussed and I
> > am happy to answer any questions you may have.
> >
> > Please
> >
> seehttps://circleid.com/posts/20211230-icannas-accountability-mechanisms-in-name-only
> >
> <https://circleid.com/posts/20211230-icannas-accountability-mechanisms-in-name-only
> <https://circleid.com/posts/20211230-icannas-accountability-mechanisms-in-name-only>>.
>
> >
> >
> >
> > This article covers ICANN’s taking retaliatory action against a
> > company I am involved in for daring to use the Reconsideration
> > Process. We alleged ICANN’s inaction was a violation of the Bylaws
> > (and you can read about that separately).
> >
> >
> > What does ICANN do? It “pauses” its consideration of what it has
> > failed to act on in retaliation against my company thereby compounding
> > the original issue. In other words, we complained ICANN was moving to
> > slow in our request for the assignment of a TLD Agreement - and that
> > was a violation of the Bylaws. ICANN has responded by stating that it
> > now needs to halt all consideration of the assignment request because
> > we filed the Reconsideration Action in order to investigate the basis
> > of our claims that it was moving too slow.
> >
> >
> > ———————
> >
> >
> > There will be a follow up post on why our initial request for urgent
> > reconsideration was denied.  In short, ICANN has taken the position
> that:
> >
> >
> > A). Only ICANN Board Action can be challenged on an Urgent Basis. 
> > ICANN staff Action or inaction may not be.
> >
> >
> > B). And ICANN Board Inaction cannot be challenged where the basis for
> > the “Inaction” is ICANN’s failure to pass a Board Resolution. In other
> > words, if you are angry at the Board for not passing a resolution, you
> > cannot file an urgent reconsideration request…..why…..because in order
> > to have an urgent Reconsideration Request, there needs to be an actual
> > Board Resolution. Thus, if the board fails to pass a resolution, by
> > definition, there is no resolution on which to basis the urgent action.
> >
> >
> > ————-
> >
> > This case also covers ICANN’s misguided fight against the blockchain.
> >  Although the request to assign .hiphop has nothing to do with the
> > blockchain, ICANN has decided (wrongfully) that it does.
> >
> >
> > ——————
> >
> >
> > If you want to cover any of this in an open session, I am more than
> > happy to discuss.  I believe all of this should be done in the open
> > and if ICANN Org is not going to be completely open and transparent,
> > then there is no reason we cannot be.
> >
> >
> > Sincerely,
> >
> >
> >
> > Jeffrey J. Neuman
> > Founder & CEO
> > JJN Solutions, LLC
> > Jeff at JJNSolutions.com
> > +1.202.549.5079
> > Http://www.jjnsolutions.com
> >
> >
> >
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