[council] FW: [Ext] RE: [ICANN Community Leaders] Accountability and community input on IRP standing panel

Tue Apr 16 07:24:26 UTC 2019

Dear fellow councilors,

As a follow-up to our email discussion, please see Goran’s response to the ccNSO council’s letter on this subject.

Regards,
Philippe

From: Ccnso-council [mailto:ccnso-council-bounces at icann.org] On Behalf Of Goran Marby
Sent: Monday, April 15, 2019 10:15 PM
To: Austin, Donna; Katrina Sataki; David Olive; Samantha Eisner
Cc: ccnso-council at icann.org; so-ac-sg-cleaders at icann.org; 'Nigel Roberts'
Subject: Re: [ccnso-council] [Ext] RE: [ICANN Community Leaders] Accountability and community input on IRP standing panel

Hi friends,

I wish to thank you for the e-mails, noting the importance to the community of the selection of a Standing Panel for Independent Review Processes (IRPs), and suggesting that ICANN Org relaunch the call for community input via the public comment process. I would like to take this opportunity to assure everyone that our publication of a blog post on this topic on 9 March was intended to supplement, and not displace, the existing processes through which we seek the community’s feedback. This is why the same request was circulated after the conclusion of the ICANN64 Kobe meeting in the Community Leadership Digest.

On this specific topic, what we have tried to do is provide more specific and targeted ways for the community to provide feedback, since the establishment of an IRP Standing Panel has been a long-standing topic of community discussion. You will recall that a webinar was held in January 2018, followed by a public session at ICANN61 in March 2018. The questions that we have developed result from these discussions to date and builds on work done by the community-based IRP Implementation Oversight Team. We had hoped that this continuous process will allow for multiple opportunities for the community to provide its views, as we work toward completing the important task of seating the Standing Panel.

I take the point that publishing the blog post on 9 March without providing more specific information about how else we intend to collect community feedback may have sent the wrong signal. In addition, I understand that the suggested 15 April deadline may not be feasible at this stage. I therefore invite you and your community groups to continue to provide your feedback via email to the publicly-archived mailing list that was set up some time ago for the community to continue its discussions in a transparent and accessible way: https://mm.icann.org/pipermail/irp-standing-panel/. If possible, I ask that you provide your input by 15 May 2019<x-apple-data-detectors://17>.

In relation to the need to provide greater clarity while ensuring transparency in our operations, you may be interested to know that, prior to the ICANN64 Kobe meeting, I had already requested that David Olive and his team prepare a comprehensive set of guidelines regarding the appropriate use of public comment proceedings and other community consultations. I expect to hold a discussion about this with my Executive Team around the time of ICANN65 in Marrakech.

In closing, I thank you all for your helpful and constructive feedback. I look forward to sharing very shortly with you further information about the remaining work to be done on the IRP Standing Panel, as well as our plans to clarify the use of public comment and consultation opportunities.

Regards

Göran

From: "Austin, Donna" <Donna.Austin at team.neustar>
Date: Monday, April 15, 2019 at 10:27 AM
To: Katrina Sataki <katrina at nic.lv>, Goran Marby <goran.marby at icann.org>
Cc: "ccnso-council at icann.org" <ccnso-council at icann.org>, 'Chris Disspain' <chris at disspain.uk>, 'Nigel Roberts' <nigel.roberts at board.icann.org>, "so-ac-sg-cleaders at icann.org" <so-ac-sg-cleaders at icann.org>
Subject: [Ext] RE: [ICANN Community Leaders] Accountability and community input on IRP standing panel

As the deadline for responses is today 15 April 2019, do we have any update on whether the deadline will be extended as requested by Katrina.

From: SO-AC-SG-CLeaders [mailto:so-ac-sg-cleaders-bounces at icann.org] On Behalf Of Katrina Sataki
Sent: Friday, April 12, 2019 12:55 AM
To: 'Goran Marby' <goran.marby at icann.org>
Cc: ccnso-council at icann.org; 'Chris Disspain' <chris at disspain.uk>; 'Nigel Roberts' <nigel.roberts at board.icann.org>; so-ac-sg-cleaders at icann.org
Subject: [ICANN Community Leaders] Accountability and community input on IRP standing panel

Dear Göran:

In your blog post of 9 March 2019, you invited community inputs on the process for the selection of a standing panel to hear Independent Review Process (IRP) complaints. You included a series of questions, with a deadline for responses by 15 April 2019:

  *   Qualifications for Standing Panelists: Are there specific qualifications that should be included? If so, what are they? Anything disqualifying? Should the SOs and ACs recommend qualifications? And if so, how?
  *   Identifying a Slate of Well-Qualified Panelists: We’ve heard concerns from some members of the ICANN community as to whether the broader community has the appropriate experience and skill for this selection work, and have suggested the possibility that ICANN instead contract with experts to perform this vetting process. Should the community rely on expertise to help vet and recommend a final slate for the standing panel?
  *   Board Approval of Panel Slate – Further Questions: After there is a slate of well-qualified applicants, the Board must confirm the panel. If the Board has questions that might impact its confirmation, to whom should those questions be addressed? If experts are used to develop the slate, should the experts, the SOs and ACs, or some combination thereof be part of that conversation?
  *   Future Selections: Should the process being designed today be reviewed for effectiveness after the first slating is completed, prior to making it standard operating procedure for future selection rounds?

The IRP, as you correctly stated, is an accountability mechanism arising from the ICANN Bylaws. ICANN Board and staff decisions may be reviewed for breaches of ICANN’s own policies, core values or because decisions have been made on the basis of incorrect information.

Matters of high importance that fall within scope include disputes involving the rights of the Empowered Community, enforcement of ICANN’s contractual rights with respect to the IANA Naming Function Contract, and claims regarding PTI service complaints by direct customers of the IANA naming functions (that are not resolved through mediation). The appointment of appropriately qualified and independent panellists who will be making these review decision is therefore a high concern to us.

Taking into account that:
1)    the blog post was published right before ICANN64, when most volunteers are travelling or busy preparing for the meeting,
2)    no corresponding public comments request has been published on the ICANN website,
3)    no information about the request was published in ICANN Community Leadership Digest (the questions were first mentioned only on 11 April),
and to ensure that:
1)    all community members are aware of the opportunity to provide input,
2)    everyone has sufficient time to discuss the issue and submit their considerations,
3)    the process is transparent and all comments are published in due time,
we would like to encourage you to re-launch the call for community inputs in accordance with the established procedures.

Furthermore, we request that only one process for seeking community feedback, i.e. ICANN public comments procedure, is used in the future. While a blog post may remain to be a good tool for reminders, and senior staff commentary may encourage engagement and participation, they are no substitute for due process.

Yours sincerely,

Katrina Sataki
On behalf of the ccNSO Council

_________________________________________________________________________________________________________________________

Ce message et ses pieces jointes peuvent contenir des informations confidentielles ou privilegiees et ne doivent donc
pas etre diffuses, exploites ou copies sans autorisation. Si vous avez recu ce message par erreur, veuillez le signaler
a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration,
Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci.

This message and its attachments may contain confidential or privileged information that may be protected by law;
they should not be distributed, used or copied without authorisation.
If you have received this email in error, please notify the sender and delete this message and its attachments.
As emails may be altered, Orange is not liable for messages that have been modified, changed or falsified.
Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/council/attachments/20190416/d1f40928/attachment-0001.html>