[governance] Re: Nomcom and conflict of interest

[Jeremy Malcolm]

On 24/05/2008, at 12:00 AM, McTim wrote:

> On Fri, May 23, 2008 at 6:10 PM, Jeremy Malcolm
>>
>> Also, if you don't agree with the approach taken by this year's  
>> NomCom, you
>> may take comfort in the knowledge that they will most likely be  
>> gone when
>> the next panel is randomly selected.
>
> Do you agree with the approach taken by this year' NomCom?

Actually I take an intermediate position.  The question of conflict of  
interest of nominees employed by existing internet governance  
institutions just reflects our broader disagreement over whether those  
institutions form part of civil society or not.  On that point, my  
view is that they often don't in toto, but that segments of them may;  
for example, ICANN as a whole cannot claim to be a civil society  
organisation, but the GNSO's NCUC can (whereas the GNSO's IP  
constituency is firmly part of the private sector and the ccNSO the  
government sector).

If that is the case, then there is no canonical answer as to whether  
close involvement with an Internet governance institution should  
exclude one from being nominated as a civil society representative,  
but it is a factor to be considered.  If there can be no reasonable  
apprehension of bias arising from a candidate's connection to an  
Internet governance institution, then the NomCom should remain able to  
nominate that person.  So in answer to your original question I  
disagree that it should be an automatic disqualifier but I do see it  
as a relevant consideration.

-- 
Jeremy Malcolm LLB (Hons) B Com
Internet and Open Source lawyer, IT consultant, actor
host -t NAPTR 1.0.8.0.3.1.2.9.8.1.6.e164.org|awk -F! '{print $3}'

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