[NA-Discuss] Proposal to Change ICANN Compliance Oversight

Evan Leibovitch evan at telly.org
Thu Jan 29 06:46:02 UTC 2015


I agree that the issue is important. Thanks to Garth's tireless efforts,
NARALO has a history of advancing these issues into ALAC policy positions.
In this case, I agree with the substance and analysis but believe that the
approach and tactics need some more discussion. I am more interested in an
approach that effects change over one designed to score debating points.

I invite NARALO members to comment on this proposal, I will be adding it to
the agenda of our next NARALO call, and I will raise the issue at the
Singapore meeting.

- Evan


On 28 January 2015 at 18:47, Glenn McKnight <mcknight.glenn at gmail.com>
wrote:

> Garth has had  a long history in making  ICANN accountable and transparent
> on the compliance  issue  and  I think NARALO  needs  to  bring this issue
> into  the policy realm.
> Glenn
>
> Glenn McKnight
> mcknight.glenn at gmail.com
> skype  gmcknight
> twitter gmcknight
> .
>
> On Tue, Jan 27, 2015 at 3:15 PM, Garth Bruen <gbruen at knujon.com> wrote:
>
> > Dear colleagues,
> >
> > Following a multi-year analysis of the way ICANN handles its compliance
> > function and being directly involved in the existing process every level
> I
> > have come to the conclusion that some changes are required if ICANN is to
> > actually be accountable and transparent. There are some fundamental
> > problems
> > within the organization which prevent compliance from operating in a
> truly
> > independent fashion which serves all parties equally.
> >
> > In short, ICANN compliance has been unable enforce the contract with
> > registrars in specific cases and has been unable to explain why. Testing
> of
> > the compliance process at every level has revealed technical failures,
> > inconsistencies and lost complaints. Compliance staff failed to recognize
> > violations for an extended period of time and later contradicted their
> own
> > findings in later statements. The overall issue is we have been regularly
> > assured that Compliance is not only fair but up to the challenges of an
> > expanding Internet. Multiple discoveries call fairness and ability into
> > question.
> >
> > Through cases presented directly by At-Large to Compliance staff we
> > stressed
> > the importance of accepting patterns of abuse and not simply single
> > complaints. While Compliance staff agreed to this on transcript in
> > Singapore, they later rejected the same patterns of abuse in private.
> >
> > One of the more problematic discoveries in this analysis concerns the
> > oversight of compliance itself. As many of you are aware the current CEO
> > moved compliance from under the Legal department to his direct
> supervision.
> > This was seen by the community as a positive move. However, budget
> > documents
> > show that Compliance actually receives its funding from ICANN's Business
> > division. Additional Compliance funds also still originate with Legal.
> > Having the domain-business division fund Compliance appears to be an
> > inherent conflict of interest and does not engender community trust.
> While
> > we were told Compliance was being made more independent, this was not the
> > case. It has also been revealed that the head of Compliance is the wife
> of
> > a
> > business associate of both the CEO and the head of ICANN's Business
> > Division.
> >
> > The main recommendation listed in the proposal is to move Compliance
> > outside
> > the organization. I am also recommending that the community become
> directly
> > involved in Compliance oversight.
> >
> > I have detailed the history and recommendations here:
> >
> >
> https://community.icann.org/display/NARALO/NARALO+Reports+on+ICANN+Complianc
> > e+-+January+2015
> >
> > A formal memo to be forwarded to ALAC is here:
> >
> >
> https://community.icann.org/download/attachments/51417250/icann_alac_memo_on
> > _compliance.pdf
> >
> > A timeline of critical events is also posted here:
> >
> >
> https://community.icann.org/download/attachments/51417250/APPROVEDONLINEPHAR
> > MACY_public.pdf
> >
> > I am looking to move this agenda through At-Large starting within NARALO.
> >
> > Please feel free to send any questions or concerns to me and discuss this
> > on
> > the list.
> >
> > -Garth
> >
> > -------------------------------------
> >
> > Garth Bruen
> > gbruen at knujon.com
> >
> > 617-947-3805
> > http://www.knujon.com
> > Chair of ICANN At-Large North America (naralo.org)
> > http://www.linkedin.com/pub/4/149/724
> > Twitter: @Knujon
> > Skype: gobruen
> >
> > "If history is deprived of the Truth, we are left with nothing but an
> idle,
> > unprofitable tale" -Polybius
> >
> >
> > ------
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> >
> > Visit the NARALO online at http://www.naralo.org
> > ------
> >
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>
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>



-- 
Evan Leibovitch
Toronto Canada

Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56


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