[Ws2-transparency] WS2 Transparency

Thu Aug 18 18:47:52 UTC 2016

Thanks, Robin.  Not sure if you were on the call today, but I asked all for any “case studies” on interactions with the DIDP.  Some comprehensive studies have been done, but we’d welcome the NCSG examples, as well.  Can they be compiled?

From: ws2-transparency-bounces at icann.org [mailto:ws2-transparency-bounces at icann.org] On Behalf Of Robin Gross
Sent: Thursday, August 18, 2016 1:59 PM
To: Mike Rodenbaugh
Cc: ws2-transparency at icann.org
Subject: Re: [Ws2-transparency] WS2 Transparency

Thanks for sending this, Mike.  In the past NCSG has filed a number of DIDP requests about policy formation issues, and all of our responses were the same every time: not a single new document released.  All responses similar to what you have provided here.  Those broad, vague, and self-determined “exceptions" to disclosure entirely swallow any stated policy of transparency.

Robin

On Aug 17, 2016, at 6:16 PM, Mike Rodenbaugh <mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>> wrote:

I hereby supply an example of a recent DIDP "response" from ICANN legal, for the group's consideration.  I do not believe it complies with the Board's pertinent resolution, in light of an adverse IRP decision, to ensure maximum transparency in such responses.  But I would appreciate others' views on that as well.

ICANN several times has been chastened by IRP panels for lack of appropriate disclosure and transparency, and this group should be considering those decisions, ICANN Board's response (or lack thereof), and ICANN Legal's implementation (or lack thereof) of the Board's purported response to those decisions.

Disclosure:  I represent the claimant Asia Green IT Systems in an ongoing IRP case wrt applications to operate the .Islam and .halal gTLDs, and this DIDP response (or lack thereof) is at issue in our IRP briefing.  ICANN's positions in that IRP should be of interest to this group, as well.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__rodenbaugh.com_&d=DQMFaQ&c=QCEPhmH9WJ8wFC_LYDIWIQ&r=_yIH0j711TdLk87MBYWQ4A&m=Zd8b0d7DA8qyzdxqhxqlu7Wxnavp8puY4hT8d9psleg&s=WKhKHYnia9InYB5RaRTq92-Jcsq9q4V7XyM3gAZIGL0&e=>

On Wed, Aug 10, 2016 at 7:44 AM, Michael Karanicolas <michael at law-democracy.org<mailto:michael at law-democracy.org>> wrote:
Hi all,

Hope everyone is keeping well. Just following up on our call last week, I am attaching some relevant background documents on whistleblower protection systems and on access to information, which should be useful as background research. If anyone else has materials to share we would welcome that, of course.

Just a reminder to please input any suggestions you have for thematic areas of investigation to the Google doc I attached in my previous email. We'd like to receive your suggestions by 16 August, so we can process them in advance of our scheduled conversation on the 18th. Alternately, and if you prefer, you can also email any suggestions directly to me and I'd be happy to input them myself.

Best wishes,

Michael

On Fri, Aug 5, 2016 at 4:54 PM, Michael Karanicolas <michael at law-democracy.org<mailto:michael at law-democracy.org>> wrote:
Hello,

Thanks very much to all of you who were able to join us for the call yesterday. It was a great start, and I really look forward to taking this issue forward. To that end, Chris and I would like to propose that we divide the process into three phases, as follows:

Phase 1. Identify the themes
Phase 2. Identify the problems
Phase 3. Develop the recommendations

We've already gotten started on Phase 1 with yesterday's conversation, which provided some initial ideas. Taking as our starting point the four main topics delineated in the CCWG Accountability report, namely Enhancements to ICANN’s existing Documentary Information Disclosure Policy (DIDP). Transparency of ICANN’s interactions with governments, Improvements to the existing whistleblower policy, and Transparency of Board deliberations, we would like move forward with a consultation to come up with thematic topics for investigations. I've added the four themes, and a few subthemes, into the following Google doc, and I'd like to ask you to fill in any suggestions for subthemes below. We'll set a deadline of 16 August for submissions, to be discussed at the next call:

[https://ssl.gstatic.com/docs/doclist/images/icon_10_word_list.png] Thematic Overview for WS2 Transparency Subgroup...<https://urldefense.proofpoint.com/v2/url?u=https-3A__drive.google.com_file_d_0B030TKTHOfAaZEpETUpTSWNlSEE_view-3Fusp-3Ddrive-5Fweb&d=DQMFaQ&c=QCEPhmH9WJ8wFC_LYDIWIQ&r=_yIH0j711TdLk87MBYWQ4A&m=Zd8b0d7DA8qyzdxqhxqlu7Wxnavp8puY4hT8d9psleg&s=wmB48gRMXXBFaGaim_UDqWAhKlKMSgUydE1wyyRK1GI&e=>

Note that we're just looking for broad ideas here, and can drill down into more specifics in the second phase.

We've also settled our schedule for calls going forward for the next couple of months, as follows:

August 18, 13:00 UTC
Sept. 1, 05:00 UTC
Sept. 15, 19:00 UTC
Sept. 29, 13:00 UTC

Please don't hesitate to get in touch with myself of Chris if you have any questions. We look forward to hearing back from you!

Best,

Michael Karanicolas

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