Board Liaison Nominee - Seth Reiss
2009 Election Call for Board Liaison - Level of Commitment and Information on Nominee
Level of Commitment of Board Liaison
1. Acceptance of the Nomination to the position.
Nominee accepted nomination on 18 August 2009.
2. Biography
I received a BA in Biology and Chemistry from New College of Florida, a MS degree in Biochemistry from the University of Hawai`i, a JD degree from the University of Hawai`i School of Law where I served on the law review, and a LLM degree in international and comparative law from the University of Cambridge in England.
Professional positions I have held include law clerk and staff attorney to the Hawai`i Supreme Court, visiting lecturer of law at the universities of Malaya and Hawai`i, public defender, and deputy attorney general representing, among others, the consumer advocate before the Hawai`i Public Utilities Commission.
For the past 20 years I have been engaged in the private practice of law within medium and small firms and, most recently, as a solo practitioner, in Honolulu, Hawai`i. My practice emphasizes patent, trademark, copyright, technology and Internet law while also encompassing business law, commercial litigation and alternate dispute resolution. I represent, for the most part, small businesses and individuals and, on occasion, large businesses.
I am a member of the bars of the states of Hawai`i and California, admitted before the U.S. Supreme Court, and the Federal and Ninth Circuit Courts of Appeal, a registered patent attorney with the USPTO, and a fellow of the American Bar Foundation.
I have served on a number of professional and community based non-profit boards, including a youth opera chorus. I currently serve as a UDRP arbitration panelist for WIPO and have represented a NARALO ALS since NARALO was constituted at the Puerto Rico meeting in June, 2007.
I regularly speak and publish on intellectual property, technology and Internet law topics.
The following aspects of my background and experience would facilitate my work as the ALAC Board Liaison: my background and experience in international law, intellectual property and Internet law, commercial law and regulation, and the law and regulation of non-profit organizations; studying, teaching, working and living in Europe, Asia and the United States; my training in and experience with alternative dispute resolution and facilitation techniques; and my participation in various volunteer and non-profit community organizations and boards.
Additional information about my education and experience, published works, and representative clients is available at my website located at www.lex-ip.com.
3. Statement of Interest
I have a strong interest in the work and success of ICANN. I find ICANN to be uniquely constituted and propelled, an organization that can and perhaps has become a model for other international bodies and initiatives. I have been impressed with the skills and dedication of many who work with and within ICANN. I would like opportunity to become more familiar and more closely associated with the organization and with those who oversee, direct and administer its functions. As the ALAC Board Liaison, I would have this opportunity as well as the opportunity to further the interests and goals of the At-Large Internet community and ICANN.
I am motivated to assist ICANN in effectively and efficiently addressing the important but sometimes difficult policy issues currently facing the organization. While my technological background is limited, I possess at least some and in some areas considerable specialized knowledge and experience in subjects essential to ICANN’s work as, for example, public and private international law, privacy law, intellectual property law, non-profit law, commercial law and regulation, facilitation and consensus building.
I also have experience teaching and working with individuals from Europe and Asia as well as North America, and experience teaching and working with individuals from a variety of cultural backgrounds. Knowledge and understanding gained from studying in England, teaching in Malaysia, marrying a German national following a courtship in Italy, raising dual national children, and living and doing business in multi-ethnic Hawai`i, has endowed me with sensitivity and insights that promote trust and confidence in the communications I have and relationships I form with individuals from all over the world.
Training and regular volunteer work with alternative dispute resolution organizations has given me an understanding of and experience with facilitation techniques to promote consensus and agreement among parties with disparate interest and agendas.
Volunteer director and officer positions on non-profit boards have afforded me familiarity with individuals and groups dedicated to the betterment of communities, the mechanics and personalities involved in these organizations, tools with which to guide such organizations, and some understanding of what succeeds in these organizations and what does not.
On a personal level, I would like to see ICANN continue on its path to becoming more international, while garnering increased confidence and respect from persons and government of all nations. These include, perhaps more importantly, the governments and peoples of the developing world and of non-democratic countries. I would like to see ICANN address and solve difficult policy issues more efficiently, in a more timely manner, without sacrificing transparency and responsiveness and without overlooking available input and valuable contributions. Policy issues should get even handed treatment and attention, and not attention measured by the passion or volume of the proponent.
As ALAC’s liaison to the ICANN Board, I would seek to accurately and candidly champion to the Board the interests of the Internet user as expressed in policies developed by the ALAC and the At-Large community, unaffected by any personal interest, prejudice or bias. I would exercise my independent wisdom and judgment to transparently and effectively represent the views and positions of the At-Large as formulated by the ALAC.
As an ALS representative, my participation in ICANN list serves, telephone conferences and discussions has been limited. I take responsibility seriously and will commit that if selected as ALAC’S Liaison to the ICANN Board, I will quickly bring myself current on all topics in discussion, diligently follow these discussions, and attend all in-person and telephone conferences (though most are scheduled at 3 and 4 AM Hawai`i Standard Time) to the greatest extent possible. My employment status and client mix permit me the flexibility to dedicate the time needed to properly discharge the liaison duties without compromising my other responsibilities and commitments.
At the same time I would like to take this opportunity to acknowledge the considerable knowledge, experience and dedication possessed by my fellow candidates, each of whom would undoubtedly serve the ALAC and At-Large well.
4. Conflict of Interest Statement
Disclosing any conflicts as provided at * http://www.icann.org/en/committees/coi/coi-policy-04mar99.htm*. Where the referenced uses the term 'Director' this shall be understood as meaning Liaison; it is further understood that Section 4 in that document is not applicable, as a liaison does not have a vote. |
Apart from the following, I am not aware of having any direct or indirect financial interest in ICANN, or in any contract or arrangement with ICANN, or in any entity under contract to or having some arrangement with ICANN. I agree to abide by the Corporation’s Conflicts of Interest Policy in all respects.
I am a WIPO UDRP panelist and am compensated for cases assigned to and decided by me. I am assigned on average 1 to 3 cases each year, and paid US $1,000 for each case decided. I would abstain from discussions and voting on matters that involve compensation for UDRP panelist, and I would disclose my position as a panelist in the context of discussions concerning the UDRP. I would in all cases accurately represent and advocate the position and view of the ALAC and larger the At Large community including on matters concerning the UDRP.
Questions from Community Members
Q.1 Question: Apart from assuming the heavy workload on the Board, would the liaison commit to keep in close contact with the at-large community, such as attending ALAC meetings as far as possible and participating the policy discussions online and offline? (Question submitted by Hong Xue, APRALO)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q.2. Question: I'd like to know what the candidates think of the role of ALAC's Executive Committee, and particularly how they'd see their relationship as liaison with the ExCom, ALAC and At Large. (Question submitted by Adam Peake, EURALO)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q.3 I want to know if somebody have contradictory interests or interests again individual user in his/her real life. Or if somebody had had some different interests in the past with end user interests and in what way this affect their future behaviour like ALAC liaision into board. (Question submitted by Carlos Aguirre, LACRALO)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q4 Much is said, but little has been done, about making At-Large more pro-active and less reactive regarding ICANN policy. If elected, what would you do to help enable this important transition? (Question submitted by Evan Leibovitch, NARALO)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q5 Given what you have experienced since becoming involved with At-Large, what matters would you personally want to see brought to the Board? (Question submitted by Evan Leibovitch, NARALO)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q6 What is the Main Role of the Succesful Candidate? (Question submitted by LACRALO)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q7 Case situation: several members of the Board tell you that ALAC is a ''waste of time'' and that ''nothing useful has ever come out of ALAC''. How do you respond? (Question submitted by Olivier MJ Crepin-Leblond)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q8 Which of those statements better fits your beliefs:- engineers are nerds- traders are thieves- lawyers are snakes- public society NGOs are left wing- politicians can never be trusted. (Question submitted by Olivier MJ Crepin-Leblond)
This question was answered by the candidate during the community call on 20 September. Recording: English, Spanish, French
Q9 What is your opinion of the need for new gTLDs, and the way ICANN has handled their implementation? (Question submitted by Evan Leibovitch, NARALO)
While I am not fully informed on the topic, it is my current feeling and sentiment that there is a need, though perhaps not a dire or immediate need, for new gTLDs. The manner in which ICANN has handled the implementation could probably have been better, particularly in the areas of IPRs and economics.
Q10 The RALO structure at ICANN – ALAC was created in 2007. Several RALOs designed working programmes for their region which were submitted, discussed and approved by their General Assemblies (GA) since then. This WP included outreach activities in the respective region to increase contacts, ALSes and impact of the RALO. With the WP a working budget was drafted in line with the activities suggested. It was clear that each activity has to be further described and substantiated afterwards and submitted to ICANN Staff for approval. It was clear that there would be proper reporting on the events, accountability and transparency provided about what was done, why and how and on the results. This approach could encourage mobilisation, participation and dynamics in the RALO considerably as well as increasing outreach and improving performance. Two good examples for EURALO are events like EuroDIG and the ICANN Studienkreis meetings. So far, we are far from having this RALO planning and working autonomy happen.
Question: Will the Board Liaison Candidate help and support RALOs at ICANN to make these plans and improvements happen? (Question Submitted by Wolf Ludwig, EURALO)
Yes, so long as generally consistent with the directives and guidance provided to the liaison by the ALAC.
Q.11 Will the Board Liaison Candidate help and support RALOs to make regular GAs in a F2F format once a year in their region possible and becoming a reliable planning option? (Question Submitted by Wolf Ludwig, EURALO)
Yes, so long as generally consistent with the directives and guidance provided to the liaison by the ALAC.
Q.12 Will the Board Liaison Candidate help and support ALAC and RALOs to make a 2nd At-Large Summit in 2011 (according to the best practise in Mexico-City) happening? (Question Submitted by Wolf Ludwig, EURALO)
Yes, so long as generally consistent with the directives and guidance provided to the liaison by the ALAC.
Q.13 What, do you feel, is your biggest weakness with regards to the position you are applying for? (Question submitted by Olivier MJ Crepin-Leblond)
ICANN specific experience particularly relative to the other candidates.
Q.14 Please describe what you feel is your biggest achievement so far with regards to Internet Governance & ICANN. (Question submitted by Olivier MJ Crepin-Leblond)
To date I do not believe I have had a big achievement, keeping in mind that I also have not yet had the honour of holding a position that might facilitate my making a big achievement. I was somewhat instrumental in helping NARALO to constitute itself in Puerto Rico, but I would not characterize this a big acheivement.
Q.15 Case situation: During a meeting, three members of the Board explain to the others that the IRT recommendations should be agreed on with no further delay because there is real pressure on ICANN to create new gTLDs. You interrupt them and tell them, quite rightly, that the process should not be pushed through at any cost. They reply: "TLDs are our bread and butter. Why should we listen to ALAC on this?" How would you respond to this question?(Question submitted by Olivier MJ Crepin-Leblond)
Acting prematurely and without a sufficiently open process will simply undermine the Board's credibility and cause the resulting decisions, irrespective of their independent merit, vulnerable to criticism at many levels from governments down to the individual users. This is not a At Large issue but a transparency issue. And the bread and butter will not be going anywhere meanwhile.
Q.16 What are, starting from the biggest one, ICANN's three biggest challenges today?(Question submitted by Olivier MJ Crepin-Leblond)
Credibility in the eyes of governments, businesses and individual users; being able to work through policy issues, and in particular those that incorporate sensitive matters, in a reasonably efficient and timely manner; avoiding unnecessary and undesirable growth in bureaucracy and administration.
Q.17 Each of you have had variable experience and commitment to the outcomes of the recent ALAC Review Process (and indeed to the structure and function of their ALSes<=> RALOs <=> ALAC structure, as it is both an expectation and need that the person serving in final term of ALAC Liaison to the ICANN Board before the role is replaced by a voting Board Member appointed by At-Large, in otherwords a Champion of this structure as it is recommended to be maintained (at this time) as well as to be an Ambassador for "ALAC as the representative body for At Large is the primary organisational home for the voice and concerns of the individual Internet user in ICANN processes,..." (p 6, Recomendation 10. ALAC Review Final) ; Can each of you please outline your commitment to the current structure(s) we are working with and any specific vision as to how this can be enhanced by support from the ICANN Board? (Question for all Candidates from APRALO rep to ALAC CLO)
The challenge would be to demonstrate how well a liaison position can work in terms of communicating the views, positions and concerns of At Large, as expressed and directed by the ALAC, to the Board and having the Board actually act on such communications notwithstanding At Large not yet having a voting representative in the Board. In other words, whether ALAC can effect Board activity through a liaison in a manner similar to having an actual say on the Board, or even perhaps to a greater extent than having a voting member on the Board.