RE: [gnso-vi-feb10] Notes on VI Draft Section 5.1

[Milton L Mueller <mueller@xxxxxxx>]

Agree w Antony here. I have on numerous occasions expressed my feeling that 
what was in the compliance document was not wrong or objectionable, but 
irrelevant to many of the policy issues we are supposed to be focused on and/or 
a set of internal prescriptions. I think it's enough for the Board to know that 
if you remove ownership limits as an enforcement mechanism then you have to 
strengthen other forms of compliance. The debate we are having is about what 
rules should be complied with, and whether we can relax CO and VI restrictions 
- not on whether some abstraction known as "compliance" is good. 

> -----Original Message-----
> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-
> 
> Here are some notes on the VI Draft Section 5.1 (compliance) -- I may
> have others later.
> 
> While I agree that there was general agreement that ICANN needs to
> enforce compliance with its contracts, I do not think that there was
> much discussion or agreement on the kitchen sink approach of the
> compliance drafting group.   Section 5.1 contains numerous specific
> recommendations that were not fully aired (if at all) and for which no
> consensus exists, in my mind.  Some of the recommendations also
> presuppose the adoption of a specific model -- for instance, the idea of
> "Chinese Walls," which are irrelevant for either the free trade model,
> the DAGv4 recommendation or (possibly) the CAM model.
> 
> Many of the recommendations, while they may be effective for compliance,
> are internal to the registry or registrar concerned.  I don't think that
> we are suggesting that ICANN would mandate any of the following (at
> least I hope we are not):
> 
> -- Senior Management Involvement/Commitment to Compliance - Senior
> Management must be accountable and responsible for violations;
> compliance should be a corporate value
> -- Bottom-up compliance - training of employees is critical to
> establishing bottom-up compliance
> -- Screening - active screening/sampling for potential problems [if this
> is meant as a recommendation within a company; I think it is highly
> problematic also if it's something that ICANN would undertake]
> -- Internal reporting systems - opens a dialogue between management and
> employees
> -- Documented Training along pre-established Training outlines
> -- Remedial actions - corrective action; internal disciplinary action
> 
> If undertaken by ICANN, the following compliance recommendations/items
> would, I suspect, meet with some opposition:
> 
> -- Screening - active screening/sampling for potential problems
> -- Chinese walls - effective Chinese walls designed to prevent sharing
> of sensitive registry data with ongoing verification tools
> 
> I would recommend removing lines 332 - 375.
> 
> Antony
> 
> 
>