[lac-discuss-en] [lac-discuss-es] Superposición entre ALS y partes no pertenecientes a At-Large de la comunidad de ICANN

[Humberto Carrasco]

[[-- Translated text (es -> en) --]]

Dear, 

 According to what was promised at the Lacralo meeting yesterday, I am sending you the background on this topic: 

 1.- The link of the Working Group is: https://community.icann.org/display/atlarge/ALS+Mobilization+Working+Party <https://community.icann.org/display/atlarge/ALS+Mobilization+Working+Party>

 2.- For its part, the email sent by Alan Greenberg says the following: 

 "This is a long message, but the topic is important. Take the time to read it carefully. This particularly applies to current ALAC members and RALO leaders. 

 In recent years, there has been a lot of discussion about whether it is problematic to have both individuals and ALS associated with At-Large to be members (or voting members) of other parts of the ICANN community (and in particular, NCSG). 

 These problems have never been resolved and, although they have been regularly debated, their solution has always been deferred. 

 As these issues fall under the mandate of the ALS Mobilization Working Group (WP), they have been extensively discussed. 

 We are in the process of finalizing our report on ALS Expectations and Criteria, and as such we have tentatively finalized our recommendation related to these areas. I would like to introduce them to this group so that any comments can be returned to the WP. 

 We observe two areas: 
 1. If there is a problem with ALS representatives joining and participating in other parts of ICANN 
 2. If an ALS organization can be an institutional member of some other part of ICANN 

 To set the stage, one must consider: 
 - we have MANY individuals associated with At-Large (including ALAC members) who are members of NCSG and some who are members of other parts of the GNSO, ccNSO, GAC, SSAC, the Board, and certainly other parts of ICANN ; 
 - We have around 40 ALSs who are also institutional members of NCSG. 
 - Other groups, particularly within the GNSO, have rules that multiple memberships may exist, but only once can they have voting privileges (such as between Registrar and Registrars SG, or Commercial and Intellectual Property Groups). There are also rules that prohibit multiple memberships in specific situations. 

 1. ALS representatives 

 There was virtually no concern with an ALS Representative being a nonvoting member of some other part of ICANN (assuming the concept of a nonvoting member applies to that other group). ALS representatives may cast votes within the RALOs (either based on their own views or directed by their ALS leadership or membership (we do NOT tell ALSes how to conduct their affairs.) There was some concern about that an ALS Representative did so while also voting elsewhere in ICANN. However, there was a very strong consensus that the nature of votes within a RALO and the impact these votes have on policy issues Nouns or the selection of individuals was not large enough to justify the rules prohibiting such votes, however the group strongly supported the full disclosure of such overlaps. 

 Okay, our current recommendation says: 

 There is no prohibition on an ALS Representative performing functions in other parts of ICANN (not At-Large), but functions comparable to those listed below must be formally declared. 

 a) Member of another constitutes part of ICANN (AC / SO, sub-constituency) 
 b) Leadership role in any of the above 
 c) Member of a non-At-Large working group (such as GNSO PDP, CCWG, etc.) 
 d) Formally appointed representative of a non-At-Large ICANN group to a PDP, CCWG, Specific Review, etc.) 
 e) Leader of a non-At-Large working group (such as GNSO PDP, CCWG, Specific Review) 

 Please note this is ONLY in reference to ALS Representatives. Some WP members expressed concern if, for example, an ALAC member assists an influential role elsewhere in ICANN, but the rules governing ALAC members are FAR beyond the scope of the WP. We note that the ALAC may wish to have such a discussion at some point. 

 2. ALS institutional membership 

 This question is about whether an entity that is an ALS can also be a member of some other part of ICANN (regardless of whether the representatives of each part of ICANN are the same or different people). 

 Again, there was little concern that an ALS was an INSTITUTIONAL non-voting member of some other part of ICANN. The discussion on whether dual voting is problematic was quite vigorous and strong positions were taken on both sides. However, after substantial discussion about what actual harm we were trying to avoid, and in fact the perceived harm of currently having close to 40 voting ALSs in both At-Large RALO and NCSG, there were a very strong consensus in the WP in fact there was no real harm. 

 Consequently, our current recommendation says: 

 There is no prohibition related to an ALS being an institutional member of any other part of ICANN (such as the NCSG or IPC within the GNSO, or a member of the ccNSO), but such overlapping membership must be declared in the ALS application and in the biennial report. 

 In summary, in both cases, there was a strong consensus that although concerns had been expressed, we were unable to find any actual harm in the current status quo, and that the disclosure could address any perceived conflict. 

 I and the WP would welcome comments, and in particular those from people who believe our recommendations are wrong (explaining why). ” 

 3.- Finally, it is recommended to see article 21 of the draft of our procedural rules that states: 

 "Article 21. LACRALO members interested in running for leadership positions must declare that they do not have one of the following conflicts, which are incompatible with a leadership position at LACRALO: 
 • Have close family relationships with ICANN employees (parents, siblings, spouses or partners, children); 
 • Be under a financial contract with ICANN; 
 • Have leadership positions in registries, registrars, ISPs or business chambers specifically representing these businesses; 
 • Be in a decision-making position on behalf of a national government, such as Minister of State, Deputy Minister, or equivalent; 
 • Be participating as a representative of your country before the GAC or other AC / SO " 



 Attentive to your comments. 

 Cheers