Page History

Hypothesis of problem

The AOC in recommendation 9.1 requires an ongoing assessment of various aspects of ICANN transparency.  At the current time no mechanism exists for such an ongoing assessment beyond the periodic ATRT reviews.    

 Background research undertaken

While ATRT1 did not make any specific recommendations on a maner in which continual assesment could be done, previous consultants reports, contracted by ICANN, did include suggestions

From the One World Trust 2007 Report

Transparency refers to the provision of accessible and timely information to stakeholders. Reporting and disclosure systems and processes that enable information sharing are central to an accountable organisation. Examples include an information disclosure policy, audited accounts and annual reports. Transparency mechanisms need to be based on the principle of presumption of disclosure, i.e. all information will be made available in the absence of a narrowly defined set of conditions for non-disclosure.

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ICANN's response in June 2007 was uncategorical: "A whistleblower policy will be developed by General Counsel that outlines ICANN’s local obligations under law as well as a statement of principle to develop a uniform approach across ICANN offices." (Point 4.2: http://www.icann.org/en/transparency/mop-update-07jun07.htm)

Summary of ICANN input

When requested ICANN provided redacted documentation on the Employee Hotline.

Summary of community input via the public comment process and face to face meetings

Summary of other relevant research

It appears that since the begining of the program there has been only 1 report to the Hotline. (this needs confirmation)

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While the Ombudsman’s charter does not currently include employee issues, discussions with the Ombudsman indicated that the current ombudsman sees a role for the office in dealing with such issues.  Not only are the ICANN employees members of the ICANN comunity, but their issues, especially when related to functioning of ICANN in relation to ICANN processes and procedures are relevant to the Ombudsman’s yearly report on the state of stakeholder issues with ICANN.

 Relevant ICANN bylaws

• Article III with relation to the absence of requirements for a yearly transparency report

• Article V Sections 2,3 Ombudsman charter and Operations

Relevant ICANN published policies

• ICANN has not published its employee transparency/whistleblowing policy outside of the email sent to the ATRT2.
• The degree to which the policies are published and available to employees is discussed in the staff email to the ATRT2.  No independent confirmation has been obtained to date.
  
  

Relevant ICANN published procedures

ATRT2 analysis

It is apparent that current processes and procedures are not effective.  Further investigation is necessary.

Draft recommendation

• ICANN must arrange for a professional review of its whistleblower policy to insure that the ICANN program meets the highest standards as established by tbd
  • This report to be made public

• Processes for ICANN employee transparency and whistleblowing to be made public
  
  • ICANN should include a yearly transparency report as part of its yearly report.  
  • ICANN Transparency report needs to include a section on Employee whistleblowing activity including metrics on:
    
    • Reports submitted
    • Reports verified as contaiing issues requiring action
    • Reports that resulted in change to ICANN practices
• This report should be created under the supervision of  the ICANN Ombudsman.
  • This would require a change to By-laws on the Ombudsman scope

Public Comment on Draft Recommendations

Final recommendation