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RE: [Fwd: [nc-budget] PAYMENT OF $3415.65. TO ICANN FOR NAMES COUNCIL TELECONFERENCES]



Louis-

Thanks for catching this so quickly.  I now understand the problem entirely
and, somewhat to my embarrassment, did not understand that

1) the details of ICANN's WCOM rates were subject to confidentiality; and

2) my note to the BC was publicly posted (yes I should have remembered
that!)

Anyway, your correction (take down the public posting) seems exactly
correct.

For the future, I think that the best way to head this off is for each of us
(Diane, you, Glen, me, BC members, etc.) to

	a)  	be sensitive to the confidential nature of this information
and to label it as confidential; and

	b) 	pass along this confidential information only to the extent
that it is necessary to do so (In this case, I don't 		think the BC
wanted or needed the detailed justification.  They only needed to know that
someone had gone over it 		and that it was available for
inspection if they wanted to inspect the raw data.)

I'll give you a call on this later today,

Roger




Roger J. Cochetti
Senior Vice President & Chief Policy Officer
VeriSign
rcochetti@verisign.com
202-973-6600


-----Original Message-----
From: Louis Touton [mailto:touton@icann.org]
Sent: Thursday, August 08, 2002 2:01 PM
To: dnso.secretariat@dnso.org
Cc: rcochetti@verisign.com; philip.sheppard@aim.be; Stuart Lynn;
Elisabeth Porteneuve
Subject: [Fwd: [nc-budget] PAYMENT OF $3415.65. TO ICANN FOR NAMES
COUNCIL TELECONFERENCES]


Glen,

A serious legal issue is raised by the following message from Roger (and 
to a lesser extent by a message sent by Elisabeth).  I need your 
assistance in helping to remedy this situation.

As part of the agreement under which we are receiving preferential rates 
from Worldcom, we have agreed as follows:

    13.  CONFIDENTIAL INFORMATION.  Commencing on the date Customer
    executes this Agreement and continuing for a period of three (3)
    years from the termination of this Agreement, each party shall
    protect as confidential, and shall not disclose to any third party,
    any Confidential Information received from the disclosing party or
    otherwise discovered by the receiving party during the Term of this
    Agreement, including, but not limited to, the pricing and terms of
    this Agreement . . . .

Roger's message, which was copied to the publicly archived nc-budget 
list, pretty clearly appears to disclose pricing information and to 
violate our agreement with Worldcom.  While this information is 
appropriately shared with the DNSO Budget committee (they are not, in my 
view, third parties for this purpose), it is not appropriate that they 
be posted on the Internet available to third parties.  I'm confident 
that this was not intentional on Roger's or Elisabeth's part, but I 
believe that it is now necessary to take prompt action to remedy the 
situation.

Accordingly, please IMMEDIATELY take the following actions:

    1.  Have the following messages removed from the DNSO website 
archive of the nc-budget mailing list:

    a.  2002 Aug 06 [nc-budget] Owed to ICANN - re: action last NC call 
Elisabeth Porteneuve 
<http://www.dnso.org/clubpublic/nc-budget/Arc00/mail13.html>

    b.  2002 Aug 08 [nc-budget] PAYMENT OF $3415.65. TO ICANN FOR NAMES 
COUNCIL TELECONFERENCES Cochetti, Roger
<http://www.dnso.org/clubpublic/nc-budget/Arc00/msg00756.html>

(I suggest that these messages can, if desired, be re-issued without 
including information that would reveal pricing information.)

    2.  Temporarily disable public archiving on messages to the 
nc-budget list.

    3.  Send a message to all nc-budget members advising them that the 
pricing information is confidential and must not be posted on publicly 
archived lists.

    4.  Once the members have understood the restriction, public 
archiving can safely be re-enabled.

Thanks so much for your help.  As you can appreciate, it is important 
that ICANN be able to live up to its contractal commitments.

Best regards,

Louis Touton
ICANN General Counsel




-------- Original Message --------
Subject: [nc-budget] PAYMENT OF $3415.65. TO ICANN FOR NAMES COUNCIL 
TELECONFERENCES
Date: Thu, 8 Aug 2002 13:17:54 -0400
From: "Cochetti, Roger" <RCochetti@verisign.com>
To: DNSO Budget Committee <nc-budget@dnso.org>


As you will see from Glen's attached explanation, ICANN management has
requested that we reimburse them for their expenditure of $3,415.65 for
Names Council teleconferences during May and June of this year.  The
expenses seem in order to me, and I ask that you indicate that you support,
do not support or abstain on this expenditure.

Thanks,

Roger Cochetti
Chair
Names Council Budget Committee


-----Original Message-----
From: DNSO Secretariat [mailto:dnso.secretariat@dnso.org]
Sent: Monday, July 29, 2002 7:09 AM
To: philip.sheppard@aim.be
Cc: rcochetti@verisign.com
Subject: Wcom teleconf invoices - April, May, June, 2002


Dear Roger and Philip,

The World Com invoice dated June 22 contains the following DNSO calls:

April 24 - 3716 minutes - $1104.66

May 2 - 2222 minutes - $660.52
May 14 - 2098 minutes - $623.68
May 29 - 1831 minutes - $457.75

June 6 - 1649 minutes - $412.25
June 17 - 2000 minutes - $578.96

The credit for Jan. has arrived and the DNSO portion of the credit is
$422.17.

The total owed to ICANN for May and June 2002 for teleconferences is:
$3415.65.

I have checked the dates and times and they are in order.

Would it be possible to have these supported by the Budget committee and the
Names Council so that ICANN can be paid.

Thank you very much
Glen



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