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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    .org | Log in/Create an Account | Top | 13 comments | Search Discussion
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    Re: .org
    by Anonymous on Tuesday September 24 2002, @06:20AM (#9352)

    Read the rest of this comment...

    [ Reply to This | Parent ]
    Re: .org
    by Anonymous on Tuesday September 24 2002, @06:39AM (#9354)
    From the final staff report:

    * Conflict of Interest: Some detractors have suggested that the ICANN Board would have a conflict of interest in accepting the ISOC proposal, since many Directors are also members of ISOC. The Chair of the ICANN Board is a former director and chair of the board of ISOC; and the Vice-Chair of the ICANN Board is President of ISOC Mexico.

    The General Counsel's revised evaluation indicates that there is in fact no conflict of interest since no financial advantage whatsoever accrues to any member of the ICANN Board were the Board to approve this selection. There is no possibility of financial gain, a prerequisite for there to be any conflict of interest. Furthermore, the Chair of the ICANN Board is no longer a director of ISOC. There is also no legal or financial relationship between ISOC and ISOC Mexico other than ISOC Mexico is permitted to use the name "ISOC" in exchange for agreeing to abide by certain bylaws, and that ISOC may or may not provide speakers or similar services for certain ISOC Mexico meetings.

    In short, there is no conflict of interest because there is no financial interest, and thus there would be no basis in ICANN policy to deny the award to ISOC on this basis. For the same reason, there is no reason why any ICANN Director should recuse his or herself from a vote to approve ISOC, simply because he or she a member of ISOC. As noted in the General Counsel's report, ICANN's conflicts-of-interest policy does not prohibit Directors from voting on matters merely because those matters involve a philanthropic society which the Directors may philosophically support. Conflicts-of-interest principles are intended to prevent improper personal financial gain, not to negate the philosophies of ICANN's Directors. Directors are not expected to discard their philosophies and past experiences when they undertake their service at ICANN, but instead are expected to incorporate those philosophies and experiences in formulating well-reasoned decisions.

    Conflict of interest is not and has never been just about money.

    It is about the credibility of the decision-making process. Any perception of a conflict of interest is as damaging to the credibility of a public-interest organisation as any real conflict of interest could ever be.

    Obviously Louis and the ICANN board don't understand this fundamental concept of corporate governance.

    It really would be nice to just get a statement such as "we don't give a shit whether you people think there's a conflict of interest because we're giving it to ISOC anyway". At least that would be honest...

    BTW I am a member of ISOC but I really don't like the way this all smells.
    [ Reply to This | Parent ]

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