Personal Comment on Enhancing ICANN Accountability.
Writing from a personal perspective. I believe that the Accountability and Transparency Reviews (ATRT) that originated with the Affirmation of Commitments (AOC) are the foundation on which other accountability mechanisms should be built. I also believe that the accountability mechanisms need to be strengthened and improved. I think the first requirement for improved accountability is the full implementation of the recommendations of the completed current AOC reviews. Creation of new accountability mechanisms should be parallel to the task of completing the work that has already been recommended by the ATRT2. The current and future work should not be used as a reason not to implement improvements that have already been recommended. In any case where the Board or Staff feels a recommendation cannot be implemented, that issue should be brought back to the community for further discussion and refinement. In addition to this, I recommend the following: 1. Broadening the basis of the AOC though additional MOUs between ICANN, democratic governments, and global INGOs, e.g. those with full ECOCSOC consultative status. 2. Modifying the membership of the ATRT for greater organizational parity and for rotating government seats and global INGO seats on the ATRT among the signatories of MOUs. 3. Membership in future Accountability and Transparency Review Teams (ATRT) should: a. be balanced among the ICANN community - for example by a formula that requires every supporting Organization or Advisory Committee to contribute at minimum 2 persons and at maximum 5 persons, b. selection of members should be at the discretion of the respective Supporting Organizations (SO) and Advisory Committees (AC). c. The chair, or another member selected by the review team of each of the most recent AOC review teams should be invited to join the ATRT as an observer in order to insure that the ATRT has all the information needed to review the follow-up on the other AOC reviews. d. Invited experts for any of the AOC review teams should be at the discretion of the review team members. They should not be preselected by the staff, the Board or the GAC. 4. ATRT members should have confidential but open access to all ICANN internal documentation and should be empowered to recommend the declassification of items that have not yet been made available to the community. All embargoed ICANN information should be tagged with a time when it will be made public. 5. The special community group discussions recommended in the ATRT2 report on improvements in the Independent Review mechanisms should be initiated as soon as possible. One of the minimal goals of these discussions should be the creation of an external appeals mechanism that could produce binding decisions as allowed under California and other applicable law in keeping with its charter as a public interest corporation. 6. The creation of a mechanism by which the Chair of the Board could be voted off the Board by a defined super-majority in the Supporting Organizations (SO) and Advisory Committees (AC). 7. The creation of a mechanism by which the the entire board could be voted off by a defined super-majority in the Supporting Organizations (SO) and Advisory Committees (AC). 8. The creation of recall mechanisms for any elected Board Members, or Supporting Organization council members or RALO elected ALAC members by the SO or AC that elected them. 9. The creation of a recall mechanism for Board, Supporting Organization Council members, and ALAC members selected by the Nomcom. Thank You