[Ssr2-review] LA meeting: NDA and SMEs

Jennifer Bryce jennifer.bryce at icann.org
Tue Oct 3 09:56:46 UTC 2017

Dear SSR2 Review Team members,

In preparation for the face-to-face meeting scheduled in Los Angeles on 9-10 October 2017, we would like to highlight a few items for your information:

Non-Disclosure Agreement
There have been concerns raised in recent conversations regarding the need for SSR2 RT members to execute a non-disclosure agreement (or NDA) in order to access certain information or documents that are not publicly available but are likely to be pertinent to the RT’s work.  When the reviews were incorporated into the Bylaws, the need for NDAs to facilitated openness and transparency amongst the review team was specifically identified at Section 4.6 (a)(vi)(A):

(vi) Confidential Disclosure to Review Teams
(A) To facilitate transparency and openness regarding ICANN's deliberations and operations, the review teams, or a subset thereof, shall have access to ICANN internal information and documents pursuant to the Confidential Disclosure Framework set forth in the Operating Standards (the "Confidential Disclosure Framework"). The Confidential Disclosure Framework must be aligned with the following guidelines:
(1) ICANN must provide a justification for any refusal to reveal requested information. ICANN's refusal can be appealed to the Ombudsman and/or the ICANN Board for a ruling on the disclosure request.
(2) ICANN may designate certain documents and information as "for review team members only" or for a subset of the review team members based on conflict of interest. ICANN's designation of documents may also be appealed to the Ombudsman and/or the ICANN Board.
(3) ICANN may require review team members to sign a non-disclosure agreement before accessing documents.

ICANN organization, in beginning its preparations for conversations with the sub-team, noted that there might be certain information discussed for which an NDA would be appropriate.  If the sub-team wishes for all conversations at its October 9-10 meeting in L.A. to be on information that is publicly available, that can be arranged.  If the subgroup wishes to have the ability to discuss more sensitive information with the ICANN organization reps while onsite, then if topics of conversation come up that are deemed to be confidential, those who have not yet signed the NDA will be requested to step out of the room for that portion of the conversation.  We will accommodate either path the sub-team wishes to take for the onsite meeting.

Separately, there is the possibility that the sub-team will request documentation for which an NDA would be required.  ICANN is committed to following the Confidential Disclosure Framework in identifying the minimum amount of information as “Confidential” as possible. If the sub-team prefers, the decision to sign an NDA can be deferred until such time said documentation is ready to be distributed upon signature.

Subject Matter Experts
Below, please find the list of subject matter experts who will attend the upcoming meeting in Los Angeles:

Steve Conte -- Director, Office of the CTO Programs
James Caulfield -- VP, Enterprise Risk Management
Christine Willett -- VP, GDD Operations
Francisco Arias – Sr. Director, GDD Technical Services
Russ Weinstein – Director, Registry Services
Darren Kara – DNS Engineering Strategy Manager
Gary Petzer -- VP, Strategic IT Program Management
Samuel Suh -- VP, Back Office Solutions
Maguy Serad -- VP, Contractual Compliance Services

 Thank you for your time, and please do not hesitate to reach out to us with any questions you might have.

Jennifer Bryce
Senior Reviews Coordinator
Internet Corporation for Assigned Names and Numbers (ICANN)

Email: jennifer.bryce at icann.org
Skype: jennifer.bryce.icann

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