Re: [gnso-ppsc-pdp] PDP practice of confidential reports on public policy mattes is inappropriate

[Alex Gakuru <gakuru@xxxxxxxxx>]

Jeff,

Yes, this arose and I wanted to comment as below.

Given that the 'confidential reports' written by staff to the Board
are never seen by specific Work Teams, and that the Board is usually
busy to read every Work Team details, it is then possible for staff to
give confidential own personal opinion, overruling WTs Chair, team/WG
consensus and sacrificing public interest along the process. One
worries that some of this staff opinion could simply be 'personality
incompatibilities' passed on to the board as policy positions!

IMHO any confidential report's validity only holds to the extend that
it protects and/or promote public interest thus a mechanism to check
and ensure that this principle is upheld needs be put in place. This
would also make staff most responsible with what they write to the
Board and on all their reports.

This should correct 'misrepresentations to the board' mischiefs
variously experienced by different stakeholder groups in the past.

Alex

On Tue, Dec 8, 2009 at 5:21 AM, Neuman, Jeff <Jeff.Neuman@xxxxxxxxxx> wrote:
> Thanks Robin for this comment.  Robin brings up a point that was discussed
> on the last call.  I know the registry constituency has expressed a similar
> sentiment. It would be great for others to weigh in on this as well.
>
>
>
> Jeffrey J. Neuman
> Neustar, Inc. / Vice President, Law & Policy
>
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> From: owner-gnso-ppsc-pdp@xxxxxxxxx [mailto:owner-gnso-ppsc-pdp@xxxxxxxxx]
> On Behalf Of Robin Gross
> Sent: Monday, December 07, 2009 6:06 PM
> To: Gnso-ppsc-pdp@xxxxxxxxx
> Cc: PPSC
> Subject: [gnso-ppsc-pdp] PDP practice of confidential reports on public
> policy mattes is inappropriate
>
>
>
> I do not believe there should be a standard practice for the ICANN staff to
> send the ICANN Board a confidential report to accompany the public report.
> which the GNSO approves of.
>
>
>
> I'm especially concerned since we hear the board often only reads the staff
> prepared report, which means the community really has no idea what the staff
> is saying to the board, and thus upon what information decisions are being
> made.
>
>
>
> Certainly there can be exceptional circumstances when there is a legitimate
> reason to provide confidential advice to the board from the staff - but that
> should be on a case by case basis, where legitimate need is demonstrated.
>  However a standard PDP practice of a private report on policy matters goes
> against all of ICANN's promises about being transparent in its policy
> process.   It is time to put an end to the practice of confidential reports
> on matters of public deliberation.
>
>
>
> Thanks,
>
> Robin
>
>
>
>
>
> IP JUSTICE
>
> Robin Gross, Executive Director
>
> 1192 Haight Street, San Francisco, CA  94117  USA
>
> p: +1-415-553-6261    f: +1-415-462-6451
>
> w: http://www.ipjustice.org ;    e: robin@xxxxxxxxxxxxx
>
>