Perhaps a single independent commissioner-type may make the most sense.
The trick I think would be to ensure independence. That tends to be
easier to do if there are more than one, because you can allocate one
per stakeholder group. Still, I think by encoding some criteria (no
strong industry or ICANN affil for 2 years back or something; nomination
committee w/CS representation; dedicated funding for independence) it
can be done.
Another quick thought here: I did not see a proactive disclosure section
in the document. Would it be worth adding?
Related, does anyone know if ICANN handles law enforcement requests or
whether these are handled by the registrars? If so, it would seem that
including the obligation to issue annual LEA transparency reports would
not be out of line.
Best,
Tamir
On 10/7/2015 8:46 AM, Michael Karanicolas wrote:
> That's a very interesting idea. I feel like the structure of appeals
> is probably the trickiest conceptual aspect of improving the DIDP, so
> good to consider alternatives. I think in part it would depend on the
> level of demand for information that ICANN gets, and how often appeals
> go forward. It's also important to bear in mind that, whoever is
> deciding these things, they need to have access to absolutely
> everything ICANN has, and a high level of familiarity with the inner
> workings of ICANN, so that they could determine, for example, whether
> particular information would compromise the integrity of ICANN's
> deliberative and decision-making process in line with the second
> defined condition for nondisclosure.
>
> This is in addition to the qualities Karel mentions (robust, cost
> effective, timely appeals) - which I also fully agree with.
>
> On Tue, Oct 6, 2015 at 2:12 PM, Tamir Israel <[log in to unmask]> wrote:
>> On 10/6/2015 1:02 PM, Michael Karanicolas wrote:
>>> This sort of brings us back to a fundamental challenge with reforming ICANN's
>>> access to information system, which is the need for some sort of analogous independent branch (I'm not completely certain the Ombudsman fits the bill).
>> On this point, I'm not sure how far we dare go here, but would it be
>> unreasonable to set up an arb panel comparable to the ones private ones
>> used for the UDRP (only, of course, appointed by a cross-stakeholder
>> nomination committee and with strict independence criteria) for
>> evaluating such things?
>>
>> Best,
>> Tamir
>>
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