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<p>Rafik, <br>
</p>
The two different perceptions with regard to the importance of
context are now on the table and our colleagues can work toward a
position. <br>
All this becomes testable since eventually there are policies to be
monitored, with impacts measured and evaluated for lessons learned.
<br>
I personally am hoping that dealing with anti-harassment becomes a
dwindling part of the Ombudsperson's work.<br>
Learning on that front should not be difficult. <br>
<br>
Sam L. <br>
<br>
<div class="moz-cite-prefix">On 1/7/2018 6:21 PM, Rafik Dammak
wrote:<br>
</div>
<blockquote type="cite"
cite="mid:CAH5sThmMknmrb2FjN-rr0Eq=ANZBgwY9M4zE=5rFMmMqxmZMXw@mail.gmail.com">
<div dir="ltr">
<div class="gmail_extra">Hi,</div>
<div class="gmail_extra"><br>
</div>
<div class="gmail_extra">I don't think knowing ICANN context is
required for what the ombudsman is requested to do i.e
mediation, investigate or managing the anti-harassment policy
like lately. In fact, it may create bias and influence
decisions made by the ombudsman, in the long run. I am
also cautious about the narrative that ICANN is unique which
is often used to dismiss changes or common practices and
encourage the statu quo. </div>
<div class="gmail_extra"><br>
</div>
<div class="gmail_extra"> Best,</div>
<div class="gmail_extra"><br>
</div>
<div class="gmail_extra">Rafik</div>
<div class="gmail_extra"><br>
<div class="gmail_quote">2018-01-08 7:37 GMT+09:00 Sam
Lanfranco <span dir="ltr"><<a
href="mailto:lanfran@yorku.ca" target="_blank"
moz-do-not-send="true">lanfran@yorku.ca</a>></span>:<br>
<blockquote class="gmail_quote" style="margin:0px 0px 0px
0.8ex;border-left:1px solid
rgb(204,204,204);padding-left:1ex">
<div bgcolor="#FFFFFF">
<p>I would like to second/endorse Michael’s concerns
about outsourcing some of the tasks to outside the
Ombudsperson’s Office. In addition to the risk that
outsourced services will be overly friendly to the
establishment position, building capital for future
services retention, there is a high probability that
they will not understand the ICANN context well enough
to either (a) understand the problem in context, or
(b) offer recommendations that are appropriate for the
ICANN context. <br>
</p>
<p>While issues may be standard, the purpose of a
referral to the Ombudsperson’s Office is to both deal
with the issue at hand, and to incorporate elements of
the solution into ICANN internal best practice. The
advantage to a one-stop Ombudsperson’s Office is that
it (should) more fully understand the ICANN context.
For that to work the Ombudsperson’s Office needs
independence, accountability and -with regard to
processes- transparency. It should have limited
capacity to call on external expertise when dealing
with ICANN issues.</p>
<p>It is of course up to the Ombudsperson’s Office to
engage in conduct that preserves its integrity and
independence. That involves deliberate policies about
how it deals with ICANN constituencies (and
constituents) in the normal conduct of ICANN business.
Judges must do this all the time. It is no difficult.
<br>
</p>
<p>I am not in favor of NCSG support for external
expertise. I would rather have NCSG maintain a
“watching brief” on the activities of the
Ombudsperson’s Office, reviewing annual reports to
insure preservation of integrity, than to have to
trust the abilities of external “expert” service
providers who fall woefully short in their
understanding of how ICANN works and what
recommendations might be useful. <br>
</p>
<p>Sam L <br>
<br>
</p>
<div>
<div class="gmail-h5">
<div
class="gmail-m_6591770075223363942moz-cite-prefix">On
1/7/2018 4:01 PM, Michael Karanicolas wrote:<br>
</div>
<blockquote type="cite">
<div dir="ltr">Hi,
<div><br>
</div>
<div>Great stuff! Thanks very much for taking
this forward.</div>
<div><br>
</div>
<div>I have added some comments. Mainly, I think
we need to do a bit more to flesh out the
recommendation about limiting
fraternization/socialization. These are issues
that come up in other contexts -
fraternization rules for officers in the
military, socialization/relationship
guidelines between judges and lawyers, etc.
However, this is a really challenging boundary
to set, and even more difficult to enforce. I
think if we're going to suggest something as
difficult as this, we need to put a bit more
substance behind it and provide some more
concrete ideas. If we're not going to do that,
I think we should put the idea in softer
terms, and maybe instead of demanding a hard
rule be included we should suggest that the
Ombudsman's office work in consultation with
the community to set appropriate guidelines
for socialization/personal conflicts.</div>
<div><br>
</div>
<div>I also disagree with the idea that going to
an external organization would necessarily be
a better guarantee of independence... Indeed -
I think it could have the opposite effect,
since their more tenuous relationship with
their client (ICANN) would create strong
incentives not to rock the boat, or deliver
unpopular truths. There's no shortage of
examples of where an institutional
oversight/accountability mechanism does the
job well, when sufficient measures are taken
to guarantee their independence. I can't think
of many parallel structures where contracted
organizations provide the kind of
accountability we want here - though I would
be open to suggestion.</div>
<div><br>
</div>
<div>Best,</div>
<div><br>
</div>
<div>Michael</div>
<div class="gmail_extra"><br>
<div class="gmail_quote">On Sun, Jan 7, 2018
at 4:19 PM, Kathy Kleiman <span dir="ltr"><<a
href="mailto:kathy@kathykleiman.com"
target="_blank" moz-do-not-send="true">kathy@kathykleiman.com</a>></span>
wrote:<br>
<blockquote class="gmail_quote"
style="margin:0px 0px 0px
0.8ex;border-left:1px solid
rgb(204,204,204);padding-left:1ex">Very
good comments! Tx Tatiana to you and Farzi
for taking the lead on this important
issue.<br>
<br>
Best, Kathy
<div
class="gmail-m_6591770075223363942HOEnZb">
<div
class="gmail-m_6591770075223363942h5"><br>
On 1/7/2018 2:38 PM, Tatiana Tropina
wrote:<br>
<blockquote class="gmail_quote"
style="margin:0px 0px 0px
0.8ex;border-left:1px solid
rgb(204,204,204);padding-left:1ex">
Dear all,<br>
Farzaneh and I drafted a comment on
the CCWG-Accountability Work Stream
2 (WS2) draft recommendations on the
ICANN Ombuds Office (IOO).<br>
The call for comment and all the
documents related to it could be
found here:<br>
<a
href="https://www.icann.org/public-comments/ioo-recs-2017-11-10-en"
rel="noreferrer" target="_blank"
moz-do-not-send="true">https://www.icann.org/public-c<wbr>omments/ioo-recs-2017-11-10-en</a><wbr>.<br>
The draft of the public comment can
be found here:<br>
<a
href="https://docs.google.com/document/d/1LrMcu3zsTTyk1DG-2dbBMgzwjjxYxl-aHaYIS-iIGpQ/edit?usp=sharing"
rel="noreferrer" target="_blank"
moz-do-not-send="true">https://docs.google.com/docume<wbr>nt/d/1LrMcu3zsTTyk1DG-2dbBMgzw<wbr>jjxYxl-aHaYIS-iIGpQ/edit?usp=s<wbr>haring</a><br>
We would appreciate your comments
and suggestion. It is an important
piece of work that has been done in
the workstream 2, and we propose
some amendments to it on behalf of
the NCSG.<br>
Looking forward to your feedback!
Please submit it till 12-13 of
January, as we have to finalise it
on the NCSG PC level before the
submission deadline, which is 14th
of January.<br>
Best regards,<br>
Tatiana<br>
</blockquote>
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<pre class="moz-signature" cols="72">--
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: <a class="moz-txt-link-abbreviated" href="mailto:Lanfran@Yorku.ca">Lanfran@Yorku.ca</a> Skype: slanfranco
blog: <a class="moz-txt-link-freetext" href="https://samlanfranco.blogspot.com">https://samlanfranco.blogspot.com</a>
Phone: +1 613-476-0429 cell: +1 416-816-2852</pre>
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