Please note that this workspace will be used to gather the At-Large's questions for the Compliance Department during the Toronto Meeting.

The deadline for comments is 19-September-2012 at 23:59 UTC.

Please note that the call for comments below has been extended until 28-September-2012 23:59 UTC.

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  1. First, we should look to Garth for the questions he wants to ask, including his further experience with the Compliance area

      Other suggestions include:

    • a brief description of their new position within ICANN's structure and the plusses (and minuses) of that
    • their implementation of the Whois Final Report recommendations for compliance (particularly Recommendation 4, calling for transparency on resourcing and structure, clear lines of reporting and accountability and adequate resourcing - overseen by a high level committee headed by the CEO
    • Update on the RAA negotiations (what is posted - that I could find- is only to the end of June). What ICANN is said to be seeking in the RAA negotiations update includes improved termination and compliance tools (what does that mean), streamlined arbitration processes and a limitation of time for a request for stays of negotiations. What is meant by 'improved termination and compliance' tools - and are they hopeful that both will be delivered in the negotiation process
    • Complaints data. In the compliance area on the website, there are three pathways for complaints: two through Internic and one directly to compliance.  Do they see all of the complaints (I assume so), what is the data in terms of numbers, against registries, against registrars, subject matter of the complaints and resolution data. (Also, does the Ombudsman refer any complaints to them for resolution)
    • In the dreaded clause 3.8.7, the requirement is only for 'reasonable' steps by ICANN to investigate, and 'reasonable steps' by the registrar to correct inaccurate data, when notified of such.  Please define what constitute 'reasonable' steps in each case, and to what extent does the terminology help/hinder enforcement action by ICANN
    • In the longer term, we have not looked at the other areas of compliance, including contractual compliance for registries.  They also have, under their brief, compliance for the ccTLDs - they explicitly recognise they do not have contractual relationships, but it still is an area that comes under their (and our) brief. (Maybe CLO, as ccTLD liaison could assist here)
  2. Now that you report directly to the CEO, do you believe that the roll of Compliance will be even more effective than in the past? If Yes, in which way? if No, why?

    1. How have things changed (and still changing I sassume) since Maguay became VP?
    2. What is the status of specific issues raised and deferred from previous meetings?
    3. What is the status of bulk reporting?

    4. Can we please get a clear idea of how Compliance interprets RAA 3.7.8, what assumptions are made, and where staff believe that wording needs to be clarified or strengthened in order to enable it to act more effectively? 
  3. I have more questions:

    Acknowledging that there has been a change in the compliance reporting structure, have there been other changes in the decision making process and the decision makers? (i.e., is there any change to who is actually making the compliance decisions) - and could we see charts both for compliance staffing (who does what) and for the process of making decisions.

    Next, who has the final say when it comes to what could be complex issues involving the interpretation of the RAA - is legal still involved?