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Thanks Rafik,<br>
<br>
On second though, I think you are probably right. I know for .CA,
LEA requests go directly to CIRA but now that I think about it, it
must be because of the way our WHOIS is setup. It would make sense
for LEA requests to go to registrars rather than ICANN.<br>
<br>
If that's the case though then, as you say, it might still be worth
exploring transparency reports, even if these end up coming from the
GAC or are imposed onto registrars via ICANN policy. As an
accountability mechanism, these reports are becoming fairly standard
to have in the telecommunications context..<br>
<br>
Not sure if the DIDP process is the most appropriate mechanism for
it though. Any thoughts on how something like that could be moved
forward (or reasons why it should not be moved forward) would be
appreciated.. There might be a clearer picture of how to design such
a thing after the dublin meeting (which, regrettably, I cannot
attend).<br>
<br>
Best,<br>
Tamir<br>
<br>
<div class="moz-cite-prefix">On 10/10/2015 9:28 AM, Rafik Dammak
wrote:<br>
</div>
<blockquote
cite="mid:CAH5sThnLJSBHW6Tpy4R4e4Jxo6JYLyxMJh4jDNPag0zmdzkdmg@mail.gmail.com"
type="cite">
<div dir="ltr">
<div class="gmail_extra">Hi Tamir,<br>
<div class="gmail_quote">2015-10-10 2:11 GMT+09:00 Tamir
Israel <span dir="ltr"><<a moz-do-not-send="true"
href="mailto:tisrael@cippic.ca" target="_blank">tisrael@cippic.ca</a>></span>:<br>
<blockquote class="gmail_quote" style="margin:0px 0px 0px
0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex">Perhaps
a single independent commissioner-type may make the most
sense.<br>
The trick I think would be to ensure independence. That
tends to be<br>
easier to do if there are more than one, because you can
allocate one<br>
per stakeholder group. Still, I think by encoding some
criteria (no<br>
strong industry or ICANN affil for 2 years back or
something; nomination<br>
committee w/CS representation; dedicated funding for
independence) it<br>
can be done.<br>
<br>
Another quick thought here: I did not see a proactive
disclosure section<br>
in the document. Would it be worth adding?<br>
<br>
Related, does anyone know if ICANN handles law enforcement
requests or<br>
whether these are handled by the registrars? If so, it
would seem that<br>
including the obligation to issue annual LEA transparency
reports would<br>
not be out of line.<br>
<br>
</blockquote>
<div><br>
</div>
<div><br>
</div>
<div>to be honest, it is unclear how ICANN handle direct
requests from LEA, while we may get more information from
registrars on the type of requests they get.</div>
<div> there is some work going with the new Compliance Chief
Officer regarding how to handle requests or abuse reports
(but not necessarily LEA) . here a blog post with some
updates <a moz-do-not-send="true"
href="https://www.icann.org/news/blog/update-on-steps-to-combat-abuse-and-illegal-activity">https://www.icann.org/news/blog/update-on-steps-to-combat-abuse-and-illegal-activity</a>
(there are 2 sessions at ICANN meeting in wednesday 21st
Oct <a moz-do-not-send="true"
href="https://dublin54.icann.org/en/dublin54/schedule/wed-practices-combating-abuse">https://dublin54.icann.org/en/dublin54/schedule/wed-practices-combating-abuse</a>
& <a moz-do-not-send="true"
href="https://dublin54.icann.org/en/dublin54/schedule/wed-compliance">https://dublin54.icann.org/en/dublin54/schedule/wed-compliance</a>
. I invited weeks ago The Compliance Chief Officer to come
to NCSG meeting in Tuesday 20th Oct so we can discuss with
him.</div>
<div><br>
</div>
<div>I would highlight that LEAs have their GAC Public
Safety working group and it has several sessions in Dublin
meeting too. that was shared by the LEAs representatives
who came to NCSG meeting in Buenos Aires. it will be
interesting to see what they are planning to do and push
for.</div>
<div><br>
</div>
<div>definitely, the idea of LEA transparency reports should
be suggested .</div>
<div><br>
</div>
<div>Best,</div>
<div><br>
</div>
<div>Rafik</div>
<blockquote class="gmail_quote" style="margin:0px 0px 0px
0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex"><br>
<div class="">
<div class="h5"><br>
On 10/7/2015 8:46 AM, Michael Karanicolas wrote:<br>
> That's a very interesting idea. I feel like the
structure of appeals<br>
> is probably the trickiest conceptual aspect of
improving the DIDP, so<br>
> good to consider alternatives. I think in part it
would depend on the<br>
> level of demand for information that ICANN gets,
and how often appeals<br>
> go forward. It's also important to bear in mind
that, whoever is<br>
> deciding these things, they need to have access
to absolutely<br>
> everything ICANN has, and a high level of
familiarity with the inner<br>
> workings of ICANN, so that they could determine,
for example, whether<br>
> particular information would compromise the
integrity of ICANN's<br>
> deliberative and decision-making process in line
with the second<br>
> defined condition for nondisclosure.<br>
><br>
> This is in addition to the qualities Karel
mentions (robust, cost<br>
> effective, timely appeals) - which I also fully
agree with.<br>
><br>
> On Tue, Oct 6, 2015 at 2:12 PM, Tamir Israel <<a
moz-do-not-send="true"
href="mailto:tisrael@cippic.ca">tisrael@cippic.ca</a>>
wrote:<br>
>> On 10/6/2015 1:02 PM, Michael Karanicolas
wrote:<br>
>>> This sort of brings us back to a
fundamental challenge with reforming ICANN's<br>
>>> 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).<br>
>> On this point, I'm not sure how far we dare
go here, but would it be<br>
>> unreasonable to set up an arb panel
comparable to the ones private ones<br>
>> used for the UDRP (only, of course, appointed
by a cross-stakeholder<br>
>> nomination committee and with strict
independence criteria) for<br>
>> evaluating such things?<br>
>><br>
>> Best,<br>
>> Tamir<br>
>><br>
<br>
<br>
</div>
</div>
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