[At-Large] Parminder’s assertion of Conflict of Interest / Expected Rules of Behavior

Antony Van Couvering avc at avc.vc
Tue Jan 4 22:47:27 UTC 2022


I guess the point of the discussion is to understand how to formally bring up the (rather massive) loophole in accountability that Jeff has identified, and perhaps fix it.  

In law (please note that I am not a lawyer, this is just a layman’s understanding) you are actually required to show that you have been damaged in some way before you are able to bring to the court an alleged wrong — in other words, you must be an interested party or they won’t even listen to you. 

It appears that in changing their procedures, ICANN is using the letter of the reconsideration procedure to undermine or erase the spirit of it.  

I should hope that ALAC would take something like this seriously, at least enough to debate the issue on its merits. 

> On Jan 4, 2022, at 1:58 PM, Barry Shein via At-Large <at-large at atlarge-lists.icann.org> wrote:
> I don't really have a problem with CofI per se so long as it's
> disclosed and perhaps doesn't fall into some categories not directly
> related to the issue (e.g., someone trying to discredit a candidate
> because they just went through an ugly romantic break-up with them.)
> Who else is going to raise some of these issues but an interested
> party? Some altruistic by-stander?
> Yes we can all imagine impartial advocates but it's often an
> interested party who feels they were wronged and raises an issue.
> Interested parties often benefit from the righting of wrongs, that's
> kind of the point.
> CoI is more important when the person is not just acting as an
> advocate but has some sort of power to decide an issue (e.g., a board
> member.)
> -- 
>        -Barry Shein
> Software Tool & Die    | bzs at TheWorld.com             | http://www.TheWorld.com
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