[Ws2-transparency] Personal Update and Response to ICANN questions re "interactions with governments"

[Wilson, Christopher]

Transparency Subgroup:

Following up on our call from April 25,  please find below responses to ICANN's questions re the subgroup's recommendation concerning ICANN's interactions with governments.  I went over these on the call, but I wanted to lay them out via email as well.


1.       Re the definition of "political activity":  This term is taken from the U.S. Foreign Agents Registration Act and is intended to be broader than the definitions of "lobbying" in the U.S. Lobbying Disclosure Act or under U.S. tax law.  We believe it captures more fully the scope of activities to be disclosed.

2.       Re application to an ICANN staffer or supported community member making a speech in a room with government reps present:  If ICANN staffer makes a speech that meets the definition under "political activity" and the staffer knows or should have known that a government official is present, then it should be disclosed.  There is no "broad audience" or "public" exception contemplated in the recommendation.  As for a "supported community member," the subgroup does not consider such a person to be a representative of ICANN (neither employed by ICANN nor seen as an agent of ICANN) and therefore is not covered by this disclosure recommendation.

3.       Re a pamphlet distributed broadly, if the pamphlet meets the definition of "political activity" and is distributed to a government official, then it should be disclosed for similar reasons espoused under #2 above.

4.       Re the definition of government: The subgroup suggests a reasonably broad definition and "anyone who is employed by [or acts on behalf of] a governmental entity" meets the threshold.

5.       Re who decides what is a matter of public policy:  ultimately the community will decide, but initially the subgroup relies upon ICANN to make a good-faith determination in its disclosure compliance.

6.       Re the scope of activities covered, the subgroup does not intend for the disclosure requirement to apply to the day-to-day activities and policymaking at ICANN (e.g., PDP WGs or ccNSO meetings, etc...)  This was explicitly stated in the subgroup's report and recommendations.

7.       Re whether the recommendation applies to "ICANN-funded community stakeholders":  It does not (see #2 above).

Additionally, due to circumstances beyond my control, I want to let all know that I must step down as co-rapporteur for this subgroup.  I am sorry I cannot remain in place for the duration of this subgroup's work, but I am confident that the finish line is near and will be reached by you all.  It has been great working with you.

Best wishes,

Chris


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