[ALAC] Improving Contractual Compliance

Evan Leibovitch evan at telly.org
Tue Apr 11 20:08:20 UTC 2017


Hi Rinalia,

They're certainly aware of his work. Whether they have offered any
reasonable or acceptable response is another matter.

I have been in the same room where Garth has presented on numerous
occasions; I would be polite in characterizing his reception as either
hostile, dismissive, or an inability ot deal because of staff churn.

I won't speak for Garth who can certainly state his own level of
satisfaction. But in all the years I have been involved with ICANN, I still
await what I would consider a good-faith engagement of him by ICANN's
various compliance teams. Yet I remain optimistic given the new management.

Having said that, it is fully possible that the problem lies not in the
unwillingness of Compliance to act, but with the massively limited scope in
which they can act. If the RAA enables certain forms of registrant or
end-user abuse, the compliance team can't really do much to curtail it. And
certain tools that the end-user community had hoped might come about --
notably, the so-called Public Interest Commitments -- have turned out to be
nearly useless.

What is (and has long been) badly needed is honesty and clarity. What is in
scope for compliance and what isn't. Where ICANN can intervene and where
its hands are tied. Diligence to act where it can, a commitment to at least
decent publicly-targeted education in areas in which is constrained, and
the research needed to recommend rule changes to close loopholes.

- Evan
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