Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel
FYI, an email from ccNSO Chair Katrina Sataki to Göran concerning ICANN’s recent use of blog posts to invite comment. Keith Begin forwarded message: From: Katrina Sataki <katrina@nic.lv<mailto:katrina@nic.lv>> Date: April 12, 2019 at 3:54:44 AM EDT To: 'Goran Marby' <goran.marby@icann.org<mailto:goran.marby@icann.org>> Cc: <ccnso-council@icann.org<mailto:ccnso-council@icann.org>>, 'Chris Disspain' <chris@disspain.uk<mailto:chris@disspain.uk>>, "'Nigel Roberts'" <nigel.roberts@board.icann.org<mailto:nigel.roberts@board.icann.org>>, <so-ac-sg-cleaders@icann.org<mailto:so-ac-sg-cleaders@icann.org>> Subject: [EXTERNAL] [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 _______________________________________________ SO-AC-SG-CLeaders mailing list SO-AC-SG-CLeaders@icann.org<mailto:SO-AC-SG-CLeaders@icann.org> https://mm.icann.org/mailman/listinfo/so-ac-sg-cleaders
Thanks Keith I suspect I am not alone in echoing the ccNSO’s feelings about this. While I think that blog posts and other communications are good for raising awareness about topics of “community interest” if ICANN is soliciting input and feedback then it needs to add those items / topics to the public comments section. Otherwise they get lost and it’s also unclear as to where the input, if any, ends up when these less structured processes are used. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ https://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: council <council-bounces@gnso.icann.org> on behalf of "Drazek, Keith via council" <council@gnso.icann.org> Reply to: Keith Drazek <kdrazek@verisign.com> Date: Friday 12 April 2019 at 10:27 To: "council@gnso.icann.org" <council@gnso.icann.org> Subject: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel FYI, an email from ccNSO Chair Katrina Sataki to Göran concerning ICANN’s recent use of blog posts to invite comment. Keith Begin forwarded message: From: Katrina Sataki <katrina@nic.lv<mailto:katrina@nic.lv>> Date: April 12, 2019 at 3:54:44 AM EDT To: 'Goran Marby' <goran.marby@icann.org<mailto:goran.marby@icann.org>> Cc: <ccnso-council@icann.org<mailto:ccnso-council@icann.org>>, 'Chris Disspain' <chris@disspain.uk<mailto:chris@disspain.uk>>, "'Nigel Roberts'" <nigel.roberts@board.icann.org<mailto:nigel.roberts@board.icann.org>>, <so-ac-sg-cleaders@icann.org<mailto:so-ac-sg-cleaders@icann.org>> Subject: [EXTERNAL] [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 _______________________________________________ SO-AC-SG-CLeaders mailing list SO-AC-SG-CLeaders@icann.org<mailto:SO-AC-SG-CLeaders@icann.org> https://mm.icann.org/mailman/listinfo/so-ac-sg-cleaders
No, you’re not, Michele, it is very odd. In all fairness, the form of that one post has a lot to do with that, there were specific questions being asked and no link to a public comment thread, as opposed to other posts where the intent was clearly to draw attention to that single entry point. But nonetheless it’s unfortunate. Regards, Philippe From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Friday, April 12, 2019 11:56 AM To: Drazek, Keith; council@gnso.icann.org Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel Thanks Keith I suspect I am not alone in echoing the ccNSO’s feelings about this. While I think that blog posts and other communications are good for raising awareness about topics of “community interest” if ICANN is soliciting input and feedback then it needs to add those items / topics to the public comments section. Otherwise they get lost and it’s also unclear as to where the input, if any, ends up when these less structured processes are used. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ https://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: council <council-bounces@gnso.icann.org> on behalf of "Drazek, Keith via council" <council@gnso.icann.org> Reply to: Keith Drazek <kdrazek@verisign.com> Date: Friday 12 April 2019 at 10:27 To: "council@gnso.icann.org" <council@gnso.icann.org> Subject: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel FYI, an email from ccNSO Chair Katrina Sataki to Göran concerning ICANN’s recent use of blog posts to invite comment. Keith Begin forwarded message: From: Katrina Sataki <katrina@nic.lv<mailto:katrina@nic.lv>> Date: April 12, 2019 at 3:54:44 AM EDT To: 'Goran Marby' <goran.marby@icann.org<mailto:goran.marby@icann.org>> Cc: <ccnso-council@icann.org<mailto:ccnso-council@icann.org>>, 'Chris Disspain' <chris@disspain.uk<mailto:chris@disspain.uk>>, "'Nigel Roberts'" <nigel.roberts@board.icann.org<mailto:nigel.roberts@board.icann.org>>, <so-ac-sg-cleaders@icann.org<mailto:so-ac-sg-cleaders@icann.org>> Subject: [EXTERNAL] [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 _______________________________________________ SO-AC-SG-CLeaders mailing list SO-AC-SG-CLeaders@icann.org<mailto:SO-AC-SG-CLeaders@icann.org> https://mm.icann.org/mailman/listinfo/so-ac-sg-cleaders _________________________________________________________________________________________________________________________ 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.
I share the same concerns. I understand ICANN Org is preparing some sort of guidelines for use in determining when a topic is appropriate for public comment vs. “community consultation.” With these eventually published to provide transparency, it may still result in confusion. There’s no reason to maintain two processes for seeking community consultation. Thanks, Darcy From: council <council-bounces@gnso.icann.org> On Behalf Of philippe.fouquart@orange.com Sent: Friday, April 12, 2019 9:28 AM To: Michele Neylon - Blacknight <michele@blacknight.com>; Drazek, Keith <kdrazek@verisign.com>; council@gnso.icann.org Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel No, you’re not, Michele, it is very odd. In all fairness, the form of that one post has a lot to do with that, there were specific questions being asked and no link to a public comment thread, as opposed to other posts where the intent was clearly to draw attention to that single entry point. But nonetheless it’s unfortunate. Regards, Philippe From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Friday, April 12, 2019 11:56 AM To: Drazek, Keith; council@gnso.icann.org <mailto:council@gnso.icann.org> Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel Thanks Keith I suspect I am not alone in echoing the ccNSO’s feelings about this. While I think that blog posts and other communications are good for raising awareness about topics of “community interest” if ICANN is soliciting input and feedback then it needs to add those items / topics to the public comments section. Otherwise they get lost and it’s also unclear as to where the input, if any, ends up when these less structured processes are used. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ https://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: council <council-bounces@gnso.icann.org <mailto:council-bounces@gnso.icann.org> > on behalf of "Drazek, Keith via council" <council@gnso.icann.org <mailto:council@gnso.icann.org> > Reply to: Keith Drazek <kdrazek@verisign.com <mailto:kdrazek@verisign.com> > Date: Friday 12 April 2019 at 10:27 To: "council@gnso.icann.org <mailto:council@gnso.icann.org> " <council@gnso.icann.org <mailto:council@gnso.icann.org> > Subject: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel FYI, an email from ccNSO Chair Katrina Sataki to Göran concerning ICANN’s recent use of blog posts to invite comment. Keith Begin forwarded message: From: Katrina Sataki <katrina@nic.lv <mailto:katrina@nic.lv> > Date: April 12, 2019 at 3:54:44 AM EDT To: 'Goran Marby' <goran.marby@icann.org <mailto:goran.marby@icann.org> > Cc: <ccnso-council@icann.org <mailto:ccnso-council@icann.org> >, 'Chris Disspain' <chris@disspain.uk <mailto:chris@disspain.uk> >, "'Nigel Roberts'" <nigel.roberts@board.icann.org <mailto:nigel.roberts@board.icann.org> >, <so-ac-sg-cleaders@icann.org <mailto:so-ac-sg-cleaders@icann.org> > Subject: [EXTERNAL] [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 _______________________________________________ SO-AC-SG-CLeaders mailing list SO-AC-SG-CLeaders@icann.org <mailto:SO-AC-SG-CLeaders@icann.org> https://mm.icann.org/mailman/listinfo/so-ac-sg-cleaders _________________________________________________________________________________________________________________________ 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.
The NCSG shares these concerns. If community input is sought, this must happen in a consistent manner where the deadlines for providing input are clear and the process for doing so is apparent. Failure to do so could give rise to the impression that ICANN org is not serious about operating in an accountable and transparent manner. Thanks. Ayden Férdeline ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐ On Friday, April 12, 2019 7:07 PM, Darcy Southwell <darcy.southwell@endurance.com> wrote:
I share the same concerns. I understand ICANN Org is preparing some sort of guidelines for use in determining when a topic is appropriate for public comment vs. “community consultation.” With these eventually published to provide transparency, it may still result in confusion. There’s no reason to maintain two processes for seeking community consultation.
Thanks,
Darcy
From: council <council-bounces@gnso.icann.org> On Behalf Of philippe.fouquart@orange.com Sent: Friday, April 12, 2019 9:28 AM To: Michele Neylon - Blacknight <michele@blacknight.com>; Drazek, Keith <kdrazek@verisign.com>; council@gnso.icann.org Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel
No, you’re not, Michele, it is very odd.
In all fairness, the form of that one post has a lot to do with that, there were specific questions being asked and no link to a public comment thread, as opposed to other posts where the intent was clearly to draw attention to that single entry point. But nonetheless it’s unfortunate.
Regards,
Philippe
From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Friday, April 12, 2019 11:56 AM To: Drazek, Keith; council@gnso.icann.org Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel
Thanks Keith
I suspect I am not alone in echoing the ccNSO’s feelings about this.
While I think that blog posts and other communications are good for raising awareness about topics of “community interest” if ICANN is soliciting input and feedback then it needs to add those items / topics to the public comments section. Otherwise they get lost and it’s also unclear as to where the input, if any, ends up when these less structured processes are used.
Regards
Michele
--
Mr Michele Neylon
Blacknight Solutions
Hosting, Colocation & Domains
Intl. +353 (0) 59 9183072
Direct Dial: +353 (0)59 9183090
Personal blog: https://michele.blog/
Some thoughts: https://ceo.hosting/
-------------------------------
Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty
Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845
From: council <council-bounces@gnso.icann.org> on behalf of "Drazek, Keith via council" <council@gnso.icann.org> Reply to: Keith Drazek <kdrazek@verisign.com> Date: Friday 12 April 2019 at 10:27 To: "council@gnso.icann.org" <council@gnso.icann.org> Subject: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel
FYI, an email from ccNSO Chair Katrina Sataki to Göran concerning ICANN’s recent use of blog posts to invite comment.
Keith
Begin forwarded message:
From: Katrina Sataki <katrina@nic.lv> Date: April 12, 2019 at 3:54:44 AM EDT To: 'Goran Marby' <goran.marby@icann.org> Cc: <ccnso-council@icann.org>, 'Chris Disspain' <chris@disspain.uk>, "'Nigel Roberts'" <nigel.roberts@board.icann.org>, <so-ac-sg-cleaders@icann.org> Subject: [EXTERNAL] [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
_______________________________________________ SO-AC-SG-CLeaders mailing list SO-AC-SG-CLeaders@icann.org https://mm.icann.org/mailman/listinfo/so-ac-sg-cleaders
_________________________________________________________________________________________________________________________
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.
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I would be very sad if I missed the opportunity to agree with Ayden on something! +1 Ayden. Best, Paul From: council <council-bounces@gnso.icann.org> On Behalf Of Ayden Férdeline Sent: Saturday, April 13, 2019 6:42 AM To: darcy.southwell@endurance.com Cc: council@gnso.icann.org Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel The NCSG shares these concerns. If community input is sought, this must happen in a consistent manner where the deadlines for providing input are clear and the process for doing so is apparent. Failure to do so could give rise to the impression that ICANN org is not serious about operating in an accountable and transparent manner. Thanks. Ayden Férdeline ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐ On Friday, April 12, 2019 7:07 PM, Darcy Southwell <darcy.southwell@endurance.com<mailto:darcy.southwell@endurance.com>> wrote: I share the same concerns. I understand ICANN Org is preparing some sort of guidelines for use in determining when a topic is appropriate for public comment vs. “community consultation.” With these eventually published to provide transparency, it may still result in confusion. There’s no reason to maintain two processes for seeking community consultation. Thanks, Darcy From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of philippe.fouquart@orange.com<mailto:philippe.fouquart@orange.com> Sent: Friday, April 12, 2019 9:28 AM To: Michele Neylon - Blacknight <michele@blacknight.com<mailto:michele@blacknight.com>>; Drazek, Keith <kdrazek@verisign.com<mailto:kdrazek@verisign.com>>; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel No, you’re not, Michele, it is very odd. In all fairness, the form of that one post has a lot to do with that, there were specific questions being asked and no link to a public comment thread, as opposed to other posts where the intent was clearly to draw attention to that single entry point. But nonetheless it’s unfortunate. Regards, Philippe From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Friday, April 12, 2019 11:56 AM To: Drazek, Keith; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel Thanks Keith I suspect I am not alone in echoing the ccNSO’s feelings about this. While I think that blog posts and other communications are good for raising awareness about topics of “community interest” if ICANN is soliciting input and feedback then it needs to add those items / topics to the public comments section. Otherwise they get lost and it’s also unclear as to where the input, if any, ends up when these less structured processes are used. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.blacknight.com%2F&data=02%7C01%7Cpmcgrady%40winston.com%7C38c1343d08c74da7508e08d6c00504d5%7C12a8aae45e2f4ad8adab9375a84aa3e5%7C0%7C0%7C636907525121946013&sdata=qud%2BHrkIsMJ0Ts2awS7rRQZ764xZWqaMe0IJSNoPOBM%3D&reserved=0> https://blacknight.blog/<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fblacknight.blog%2F&data=02%7C01%7Cpmcgrady%40winston.com%7C38c1343d08c74da7508e08d6c00504d5%7C12a8aae45e2f4ad8adab9375a84aa3e5%7C0%7C0%7C636907525121956013&sdata=SdWjykBG5XfbQby0Y6bugDfPtaVwJRO9OvSWEeQT5rA%3D&reserved=0> Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmichele.blog%2F&data=02%7C01%7Cpmcgrady%40winston.com%7C38c1343d08c74da7508e08d6c00504d5%7C12a8aae45e2f4ad8adab9375a84aa3e5%7C0%7C0%7C636907525121966018&sdata=P4oHAjy%2BGOV%2Bv6%2FpU1buz39RSEJ%2BM7b0ThDcg2%2FF4aI%3D&reserved=0> Some thoughts: https://ceo.hosting/<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fceo.hosting%2F&data=02%7C01%7Cpmcgrady%40winston.com%7C38c1343d08c74da7508e08d6c00504d5%7C12a8aae45e2f4ad8adab9375a84aa3e5%7C0%7C0%7C636907525121966018&sdata=0eqW8KLkv0pRIy7zQCm9hBxmUr%2BIB1em4YbqJdhPdBQ%3D&reserved=0> ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> on behalf of "Drazek, Keith via council" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Reply to: Keith Drazek <kdrazek@verisign.com<mailto:kdrazek@verisign.com>> Date: Friday 12 April 2019 at 10:27 To: "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [council] Fwd: [ICANN Community Leaders] Accountability and community input on IRP standing panel FYI, an email from ccNSO Chair Katrina Sataki to Göran concerning ICANN’s recent use of blog posts to invite comment. Keith Begin forwarded message: From: Katrina Sataki <katrina@nic.lv<mailto:katrina@nic.lv>> Date: April 12, 2019 at 3:54:44 AM EDT To: 'Goran Marby' <goran.marby@icann.org<mailto:goran.marby@icann.org>> Cc: <ccnso-council@icann.org<mailto:ccnso-council@icann.org>>, 'Chris Disspain' <chris@disspain.uk<mailto:chris@disspain.uk>>, "'Nigel Roberts'" <nigel.roberts@board.icann.org<mailto:nigel.roberts@board.icann.org>>, <so-ac-sg-cleaders@icann.org<mailto:so-ac-sg-cleaders@icann.org>> Subject: [EXTERNAL] [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 _______________________________________________ SO-AC-SG-CLeaders mailing list SO-AC-SG-CLeaders@icann.org<mailto:SO-AC-SG-CLeaders@icann.org> https://mm.icann.org/mailman/listinfo/so-ac-sg-cleaders<https://nam01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmm.icann.org%2Fmailman%2Flistinfo%2Fso-ac-sg-cleaders&data=02%7C01%7Cpmcgrady%40winston.com%7C38c1343d08c74da7508e08d6c00504d5%7C12a8aae45e2f4ad8adab9375a84aa3e5%7C0%7C0%7C636907525121976027&sdata=EBKMtyrrOoiP2aUpWJra7w0qr42OGsJ1cljqzOj5juY%3D&reserved=0> _________________________________________________________________________________________________________________________ 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. 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participants (7)
-
Ayden Férdeline -
Carlos Raul Gutierrez -
Darcy Southwell -
Drazek, Keith -
McGrady, Paul D. -
Michele Neylon - Blacknight -
philippe.fouquart＠orange.com