[Rt4-whois] CIRCULATE DISCUSSION POINTS - Call with ICANN Staff [SEC=UNCLASSIFIED]

Fri Apr 27 06:26:43 UTC 2012

Hello all,

First, I want to say that the information about compliance resourcing and budget levels that we received was very welcome. While it was troubling that this took so much effort, and that it seemed to indicate some misunderstanding about compliance staffing levels by ICANN senior staff, the provision of this information appears to be a small step in the right direction. I also note that ICANN's website now contains far more information on its compliance function than it did when we began our work, which is also welcome.

Beyond the question of resourcing levels, there are separate questions about how these resources are managed and structured. This is important because if ICANN can get the structure, lines of reporting, and staff incentives right, then I would expect that the rest of its compliance efforts would flow much more easily. In terms of specifics, I understand that the compliance team sits somewhere in ICANN's legal area, and hence reports in some capacity to the General Counsel. However, it is not clear to me how this works in practice, and what this means for lines of reporting, accountabilities, and staff incentives. For example:

*       Does the 'Head of the Contractual Compliance Team' make final decisions about compliance actions in all instances, or do these need to be cleared with, or vetted by, someone else (e.g. the General Counsel)?

*       If so, is there a threshold and/or criteria for taking responsibility for a compliance decision outside of the compliance team?

*       Are these processes and reporting lines clear and documented?

*       What are the responsibilities and incentives of the ultimate decision makers (particularly if they are outside of the compliance team) - e.g. are their incentives and responsibilities clear and/or exclusively compliance focused? If not, why not? How are any conflicts of incentives/interests resolved?

Given the importance of an effective compliance effort to many of our recommendations, I would be interested to explore these questions on the call (noting that John Jeffrey is scheduled to attend).

I hope this helps.

Cheers,

Peter

From: rt4-whois-bounces at icann.org [mailto:rt4-whois-bounces at icann.org] On Behalf Of Emily Taylor
Sent: Thursday, 26 April 2012 7:23 PM
To: Alice Jansen
Cc: rt4-whois at icann.org
Subject: Re: [Rt4-whois] CIRCULATE DISCUSSION POINTS - Call with ICANN Staff

Dear all

Just to support this prompt from Alice - please can you all let us have your agenda items for anything further you want to pick up with staff in this call.

Kind regards

Emily
On 26 April 2012 09:47, Alice Jansen <alice.jansen at icann.org<mailto:alice.jansen at icann.org>> wrote:
Dear Review Team Members,

In line with decisions reached during your call yesterday, your session with ICANN Staff is scheduled for Monday, 30 April at 22:00 UTC (http://timeanddate.com/worldclock/fixedtime.html?msg=WHOIS+Policy+RT%3E%3CICANN+STAFF&iso=20120430T22&ah=2). An outlook invitation will follow shortly.

Also note that per your decision, the call with ICANN Staff will take place only if the Team has a list of specific discussion points.

Please kindly circulate the topics you would like to discuss by Friday, 27 April - 17:00 UTC (http://timeanddate.com/worldclock/fixedtime.html?msg=Circulate+your+discussion+points&iso=20120427T17)

Thanks,

Kind regards

Alice
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