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<p>Jeff</p>
<p>1. If I find someone expecting a decision from ICANN regarding
some gTLD issues, which has direct pecuniary implications for
him, and is simultaneously at key positions of the ICANN's policy
body related to gTLDs, I FIND THIS TO BE A CONFLICT OF INTEREST.
Further, I find this to be exactly the kind of issues that
structurally plague ICANN and its associated bodies, whereby my
interest in your case is larger. <br>
</p>
<p>2. I said I see a conflict of interest, and you should step down.
This assertion stands whether or not your disclosed any conflict
of interest. The two are different things. <br>
</p>
<p>3. As for the conflict of interest disclosure being <i>prima
facie</i> inappropriate, your description in point 5 below
reconfirms my belief/ assertion. You are saying that only when a
TLD actually gets assigned in a certain manner in relation to a
party that you are representing (and, I think, in which you also
have direct ownership stake -- which issue btw is not coming off
too clearly) does any conflict of interest arise, and NOT while
the the application/ processes/ discussions/ negotiations etc are
underway for such assignment. This is what I find <i>prima facie</i>
inappropriate. Conflict of interest arises right at the start of
the process -- involving a decision that could go either way --
and not only latter, at the time of assignment etc.... If I apply
for a tender, or am hobnobbing with parties applying for a tender,
for providing some services with a gov department, and i also hold
a position in the department, the conflict of interest begins
right way as one begins any involvement in the process, that could
potentially serve ones private interests, and not after the
awarding of a tender... <br>
</p>
<p>4. If saying that there is a conflict of interest, and the CoI
statements look prima facie unsatisfactory or inappropriate,
invites disciplinary action by the ombudsman, then that just adds
one layer to what is fundamentally wrong with ICANN and its
processes. So, please spare me that threat. <br>
</p>
<p>5. Meanwhile I have no interest in dot hip hop or you, and I did
already say that individuals (meaning you in this case) are less
to blame when the structural conditions are not conducive and
appropriate ones.<br>
</p>
<p>parminder <br>
</p>
<div class="moz-cite-prefix">On 04/01/22 11:49 am, Jeff Neuman
wrote:<br>
</div>
<blockquote type="cite"
cite="mid:BL3P221MB0663C30F937ECFDAAFAEDFF8BE4A9@BL3P221MB0663.NAMP221.PROD.OUTLOOK.COM">
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<div dir="ltr">
<div>
<div dir="ltr">[STARTING A NEW THREAD TO AVOID DISTRACTION
FROM ACCOUNTABILITY THREAD FOR THOSE THAT DO NOT CARE TO
READ EITHER THIS THREAD OR THE OTHER]</div>
<div dir="ltr"><br>
</div>
<div dir="ltr">Parminder, </div>
<div dir="ltr"><br>
</div>
<div dir="ltr">Honestly, I am trying to understand your
position, but having difficulty ascertaining the specifics
other than your generalized statement that you believe I
have a conflict of interest in serving as the GNSO Liaison
to the GAC and/or the GNSO Liaison to the SubPro ODP while
at the same time doing work for an entity seeking to become
a contracted party . I would like to get these issues out of
the way because it is not only distracting from the actual
issues presented with respect to ICANN’s Accountability
Mechanisms, but it is a clear attack on my credibility and
character.</div>
<div dir="ltr"><span style="font-size: inherit;"><br>
</span></div>
<div dir="ltr"><span style="font-size: inherit;">I expect
those that attack my credibility, character and/or actions
to come forward with evidence supporting their
accusations. However, rather than provide any evidence to
support your serious allegation that my conflict of
interest statements are “prima facie inappropriate,” you
ask the community to sift through those statements (which
you admit you have not read), to find the evidence for
you. This is borderline defamatory and a violation of
ICANN’s </span><span style="font-size: inherit;">Expected
Rules of Behavior. I do not wish to encourage that
activity moving forward, but to be fair, I do want to
provide some facts to clear the air lest anyone actually
believes that there is a conflict of interest with my
serving as either the GNSO Liaison to the GAC or in the
role of the GNSO Liaison to the SubPro ODP.</span></div>
<div dir="ltr"><span style="font-size: inherit;"><span></span></span></div>
<div dir="ltr"><span style="font-size: inherit;"><br>
</span></div>
<div dir="ltr">Here are the facts that I have provided:</div>
<div dir="ltr">
<ol>
<li><span> It is well known, and has been well known, that
I started a business in July 2020 called JJN
Solutions, LLC which represents a number of clients in
a variety of different industries on legal and policy
matters. Some of the clients I have include domain
name registries, registrars and registrants. I also
represent some Brand Owners in the protection of
Intellectual Property. Further, in 2020 I was also
appointed as a UDRP Panelist for The Forum and have
presided over more than a dozen cases thus far. This
has ALWAYS been in my Statements of Interest and can
be found on my website <a class="moz-txt-link-freetext" href="https://www.jjnsolutions.com">https://www.jjnsolutions.com</a>.<span></span></span></li>
<li><span>At the time I applied for the position of GNSO
Liaison to the GAC (mid 2020 I believe), I disclosed
all of the above in the GNSO required application and
SOI. The Standing Selection Committee got that
information and was able to weigh that against my 25+
years of service and my reputation in the community
for being fair, balanced and neutral. This has been
demonstrated in my serving as in a chair or co-chair
capacity on a number of Working Groups, Task Forces
and other committees over the years including those
where I directly worked for a domain name registry
(Neustar) and then a domain name registrar (Com Laude)
</span></li>
<li><span>The various leadership positions I held in the
community included serving 3.5 terms on the GNSO
Council on behalf of the Registries (2 years of which
I was a Vice Chair of the Council on behalf of the
contracted parties). I served as a Chair of a Whois
Task Force in the early 2000s, the chair of the PDP
Planning Steering committee responsible for coming up
with PDP 2.0, the sole registry representative on the
Implementation Review Team responsible for
recommending IP protections to the ICANN Board, and a
chair of the Legal Assistance Group which worked with
ICANN staff on the Base Registry New gTLD Agreement
from 2010-2012. Most recently, I served as a Co-chair
with Cheryl Langdon-Orr of the SubPro PDP. It was in
this latter role that I became known by the GAC and
was a vocal advocate for ensuring the GAC’s active
participation in the SubPro PDP. Despite working for
a registrar that also provided consulting services for
Brand TLDs, I was able to serve as the PDP Chair in a
neutral manner - meaning that despite what my
then-employer’s position was on a particular issue, it
was my job to not advocate for that position and to
ensure that the will of the Working Group was
implemented.<span></span><span></span></span></li>
<li><span>It was also through this work that both Cheryl
and I became ideal candidates to serve as the GNSO
Liaison to the ODP. We both knew the work of the PDP
Working Group backwards and forwards and we could help
answer questions by the GNSO and/or by ICANN about the
policies. During the selection process I again
disclosed that my consulting business supported a
number of clients, some of which included registries
and registrars. However, I also committed to serve in
this role in a neutral manner and not on behalf of any
one of my client’s. I further disclosed that I was
not being paid by any client for any work in
connection with any future round of new gTLDs. That
was true then and remains true today. I believe I
have served in these roles in such a manner.<span></span></span></li>
<li><span>What I did not disclose until recently was the
name of one of the client’s that I am working for;
namely Dot Hip Hop, LLC. This was due to the fact
that Dot Hip Hop, LLC is not yet a contracted party.
Dot Hip Hop, LLC is trying to get ICANN consent on an
assignment for the .hiphop TLD from UniRegistry Corp.
I knew that once ICANN approve DHH as a contracted
party, it would be at that point that I needed to name
the specific client because of the fact that have a
small de minimus ownership stake in the company.
[NOTE - the SOI only requires that you disclose
whether you work for a particular contracted party and
does not require you to disclose that you do work for
an entity that is trying to be a contracted party].
However, given the concern that YOU raised on this
list about not having made the update, I decided I
would do so (even though not required).<span></span></span></li>
</ol>
<div dir="ltr">Bottom line: </div>
<div dir="ltr">(A) what is the conflict that you believe was
not disclosed or that the Standing Selection Committee did
not know at the time they selected me for the position?</div>
<div dir="ltr">(B). What I activities in serving as these
liaisons can you point to that were in contrast to serving
in an independent neutral capacity?</div>
</div>
<div id="ms-outlook-mobile-signature">
<div style="direction:ltr" dir="ltr"><br>
</div>
<div style="direction:ltr" dir="ltr">If you cannot provide
any back-up to these allegations and attacks, I ask nicely
that you refrain from continued violations of ICANN’s
Expected Rules of Behavior. I have not included the
Ombudsman on this thread because I am optimistic that we
can turn these discussions into productive ones on
Accountability.</div>
<div style="direction:ltr" dir="ltr"><br>
</div>
<div style="direction:ltr" dir="ltr">Sincerely.</div>
<div style="direction:ltr" dir="ltr"><br>
</div>
<div style="direction:ltr">Jeffrey J. Neuman</div>
<div style="direction:ltr">Founder & CEO</div>
<div style="direction:ltr">JJN Solutions, LLC</div>
<div style="direction:ltr"><a class="moz-txt-link-abbreviated" href="mailto:Jeff@JJNSolutions.com">Jeff@JJNSolutions.com</a></div>
<div style="direction:ltr">+1.202.549.5079</div>
<div style="direction:ltr"><a class="moz-txt-link-freetext" href="Http://www.jjnsolutions.com">Http://www.jjnsolutions.com</a></div>
<div><br>
</div>
<div><br>
</div>
</div>
</div>
<div id="id-14f3c112-6e0a-40f6-a4b5-8493141edf9e"
class="ms-outlook-mobile-reference-message">
<hr style="display: inline-block; width: 98%; font-family:
-webkit-standard; font-size: 12pt; color: rgb(0, 0, 0);"
tabindex="-1">
<div id="divRplyFwdMsg" dir="ltr"><font face="Calibri,
sans-serif"><b>From:</b> At-Large
<a class="moz-txt-link-rfc2396E" href="mailto:at-large-bounces@atlarge-lists.icann.org"><at-large-bounces@atlarge-lists.icann.org></a> on behalf
of parminder via At-Large
<a class="moz-txt-link-rfc2396E" href="mailto:at-large@atlarge-lists.icann.org"><at-large@atlarge-lists.icann.org></a><br>
<b>Sent:</b> Monday, January 3, 2022 9:23 PM<br>
<b>To:</b> <a class="moz-txt-link-abbreviated" href="mailto:at-large@atlarge-lists.icann.org">at-large@atlarge-lists.icann.org</a><br>
<b>Subject:</b> Re: [At-Large] Not my circus, not my
monkeys (Was Re: ACCOUNTABILITY Restart)
<div> </div>
</font></div>
<p><br>
</p>
<div class="moz-cite-prefix">On 04/01/22 7:19 am, Jeff Neuman
via At-Large wrote:<br>
</div>
<blockquote type="cite">
<div dir="ltr">
<div>
<div dir="ltr">With all due respect Evan, I am not sure
that the comments of a few people on the list during a
time period when many are on vacation demonstrates the
views of the the At-Large or the ALAC at all. There
is likely a formal process to introduce the issue (as
opposed to just on a mailing list). And I would like
to use the process to raise the issue.<span></span></div>
<div dir="ltr"><br>
</div>
<div dir="ltr">If, as you contend, there is little
interest, then so be it. Then it never gets
addressed. But you never know until you start the
process.<span></span><span></span></div>
<div dir="ltr"><br>
</div>
<div dir="ltr">And again with all due respect, one
should never give up on making the organization better
even if you are frustrated by our lack of success in
the past.
</div>
</div>
</div>
</blockquote>
<p>Yes, Jeff, Evan is trying to make the organization better
--- by, instead of focusing on a particular grievance
(whatever its merit), being concerned over larger,
structural issues, like conflict of interest -- in which
issue btw you seem to have little interest, and you present
banal arguments for, like I work in these ICANN positions
voluntarily without any personal gain (when whether this is
true or the opposite is true is precisely under the scanner)<br>
</p>
<p>As for your response to my email expressing non confidence
in your continuing with your ICANN positions owing to clear
conflict of interest, i havent responded bec a response will
require considerable time to dig into the documents you
shared, and others, and present a fool-proof case. I think
it is the job of others here, the regular 'community' to
sift and see through your conflict of interest statements,
that are prima facie so inappropriate, That is why public
CoI statements are made, for the public, esp the closely
involved community to inspect it, and if needed comment on
it . But if people in these communities are more interested
in mutual back-patting, and taking precaution that when the
time comes it is not they who are 'exposed', then good luck
to all. The organization cannot become better -- it is
doomed ... <br>
</p>
<p>parminder <br>
</p>
<blockquote type="cite">
<div dir="ltr">
<div>
<div dir="ltr"> Giving up just doesn’t seem like the
right option.<span></span></div>
<div dir="ltr"><br>
</div>
<div dir="ltr">Sincerely,</div>
<div id="ms-outlook-mobile-signature">
<div><br>
</div>
<div style="direction:ltr">Jeffrey J. Neuman</div>
<div style="direction:ltr">Founder & CEO</div>
<div style="direction:ltr">JJN Solutions, LLC</div>
<div style="direction:ltr"><a
class="moz-txt-link-abbreviated"
href="mailto:Jeff@JJNSolutions.com"
moz-do-not-send="true">Jeff@JJNSolutions.com</a></div>
<div style="direction:ltr">+1.202.549.5079</div>
<div style="direction:ltr"><a
class="moz-txt-link-freetext"
href="Http://www.jjnsolutions.com"
moz-do-not-send="true">Http://www.jjnsolutions.com</a></div>
<div><br>
</div>
<div><br>
</div>
</div>
</div>
</div>
<hr tabindex="-1" style="display:inline-block; width:98%">
<div id="divRplyFwdMsg" dir="ltr"><font
style="font-size:11pt" face="Calibri, sans-serif"
color="#000000"><b>From:</b> Evan Leibovitch
<a class="moz-txt-link-rfc2396E"
href="mailto:evan@telly.org" moz-do-not-send="true"><evan@telly.org></a><br>
<b>Sent:</b> Monday, January 3, 2022 6:42:02 PM<br>
<b>To:</b> Jeff Neuman <a class="moz-txt-link-rfc2396E"
href="mailto:jeff@jjnsolutions.com"
moz-do-not-send="true">
<jeff@jjnsolutions.com></a><br>
<b>Cc:</b> Javier Rua <a class="moz-txt-link-rfc2396E"
href="mailto:javrua@gmail.com" moz-do-not-send="true">
<javrua@gmail.com></a>; Olivier MJ
Crépin-Leblond via At-Large <a
class="moz-txt-link-rfc2396E"
href="mailto:at-large@atlarge-lists.icann.org"
moz-do-not-send="true">
<at-large@atlarge-lists.icann.org></a><br>
<b>Subject:</b> Not my circus, not my monkeys (Was Re:
ACCOUNTABILITY Restart)</font>
<div> </div>
</div>
<div>
<div dir="ltr">
<div dir="ltr">
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
Hi Jeff,<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
You've asked. Nobody's shown interest. OTOH, people
have been having a much better time with the
tangents this topic has grown. However ... While I
can't speak for any other readers here, my response
to your repeated demand for attention is one of
enthusiastic indifference.<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
You don't appear to have convinced anyone that ALAC
ought to fight your battles. Accountability issues
have plagued ICANN for decades, yet you only come
here when they impact one of your clients.<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
IMO, if ALAC is to address accountability, it needs
to be systemic and also address ICANN's massive
conflict-of-interest problem. I had a lot more to
say about why this request bears ignoring, but I
deleted it. Just not worth the effort.
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif; color:#0b5394">
<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif;
color:rgb(11,83,148)">
- Evan</div>
<br>
</div>
<div class="x_gmail_default"
style="font-family:tahoma,sans-serif;
color:rgb(11,83,148)">
</div>
<div class="x_gmail_quote">
<div dir="ltr" class="x_gmail_attr">On Mon, 3 Jan 2022
at 17:28, Jeff Neuman <<a
href="mailto:jeff@jjnsolutions.com"
target="_blank" moz-do-not-send="true">jeff@jjnsolutions.com</a>>
wrote:<br>
</div>
<blockquote class="x_gmail_quote" style="margin:0px
0px 0px 0.8ex; border-left:1px solid
rgb(204,204,204); padding-left:1ex">
<div>
<div dir="ltr">
<div>
<div dir="ltr">Ok, all this has been a great
discussion on Internet Governance theory,
but can we bring this back to the subject at
hand with respect to accountability and what
practical steps we can take to address the
accountability issues. <span></span></div>
</div>
</div>
<br>
</div>
</blockquote>
</div>
</div>
</div>
<br>
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