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

  • To: "James M. Bladel" <jbladel@xxxxxxxxxxx>, "Neuman,Jeff" <Jeff.Neuman@xxxxxxxxxx>
  • Subject: RE: [gnso-ppsc] RE: [gnso-ppsc-pdp] PDP practice of confidential reports on public policy mattes is inappropriate
  • From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
  • Date: Tue, 08 Dec 2009 11:42:23 -0500


After being so definitive, I find that I left something out.

Staff are also free to provide its opinion on the policy to the Board. That too should be public. Only issues which DEMAND confidentiality should be confidential.

At 08/12/2009 11:33 AM, Alan Greenberg wrote:
I really don't think that we need to identify all of the reasons that a confidential and/or legal advice may need to be given to the Board. I think the issue is that it be the document describing the proposed policy to the board be publicly accessible.

It must be clear that they are voting on what we proposed. Period.

Alan

At 08/12/2009 11:11 AM, James M. Bladel wrote:
Agree, Jeff.

And may also suggest we add an exception for any report that contains
confidential information regarding contract negotiations or vendor
selection that are ongoing, and could be adversely affected by
disclosure.

Thanks--

J.



-------- Original Message --------
Subject: RE: [gnso-ppsc] RE: [gnso-ppsc-pdp] PDP practice of
confidential reports on public policy mattes is inappropriate
From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
Date: Tue, December 08, 2009 9:59 am
To: "Diaz, Paul" <pdiaz@xxxxxxxxxxxxxxxxxxxx>,
"Gnso-ppsc-pdp@xxxxxxxxx" <gnso-ppsc-pdp@xxxxxxxxx>
Cc: "Alan Greenberg" <alan.greenberg@xxxxxxxxx>


Thanks all. Is there anyone that disagrees?

The one caveat I would give to everything being disclosed is if there is
TRULY legal advice given to the Board or issues relating to personnel
matters, then that would not need to be disclosed to the public.
However, there would need to be review to ensure that only true legal
advice and personnel matters are redacted.... For those of us in the
United States, it would be akin to the Freedom of Information Act and
having independent review of the courts to make sure that the US
Government is revealing all information except those allowed to be
confidential under the law.

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy


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-----Original Message-----
From: owner-gnso-ppsc-pdp@xxxxxxxxx
[mailto:owner-gnso-ppsc-pdp@xxxxxxxxx] On Behalf Of Diaz, Paul
Sent: Tuesday, December 08, 2009 10:37 AM
To: Gnso-ppsc-pdp@xxxxxxxxx
Cc: Alan Greenberg
Subject: RE: [gnso-ppsc] RE: [gnso-ppsc-pdp] PDP practice of
confidential reports on public policy mattes is inappropriate


I support Alan's comments below.

Paul Diaz
Policy & Ethics Manager
Network Solutions, LLC
________________________________________
From: owner-gnso-ppsc-pdp@xxxxxxxxx
[mailto:owner-gnso-ppsc-pdp@xxxxxxxxx] On Behalf Of Alan Greenberg
Sent: Monday, December 07, 2009 11:12 PM
To: Gnso-ppsc-pdp@xxxxxxxxx
Subject: Re: [gnso-ppsc] RE: [gnso-ppsc-pdp] PDP practice of
confidential reports on public policy mattes is inappropriate

I strongly support Robin's comment.

If the main issue is (as has been claimed) that the full PDP report is
too onerous, then we need to be told what the targets are for an
acceptable length Board report so that the WG can create it. In the end,
the current "confidential" report is likely to be written by the same
policy staff who assisted the WG in its deliberations and in writing its
report.

If staff must also provide some sort of confidential advice to the Board
in its deliberations, that is fine, but it should be an addition to the
report (condenced or otherwise) send by the GNSO, not a substitute for
it.

Alan

At 07/12/2009 09:21 PM, Neuman, Jeff 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


The information contained in this e-mail message is intended only for
the use of the recipient(s) named above and may contain confidential
and/or privileged information. If you are not the intended recipient you
have received this e-mail message in error and any review,
dissemination, distribution, or copying of this message is strictly
prohibited. If you have received this communication in error, please
notify us immediately and delete the original message.


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




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