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Create and implement policies and processes for conducting and communicating regular transparency audits.

ICANN response to the OWT report and the Board decision:

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)

There is also evidence that there have been employee reports of problems that have not been reported to the hotline.

• Public statements by ex-employees made at the Public forum on the climate of fear the exists among much of the staff

• Private statements made to the ATRT2 confidentially that indicate that the climate of fear main still persists and that reports of problem to the senior management can result in disciplinary action that may include dismissal.  It was not the ATRT2's roles to investigate these confidential issues in detail, but they offer evidence that there are problems that are not being dealt with in a transparent manner.

• There has been no public reporting on such issues as recommended by Berkman or OWT.

Summary of ICANN input

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

Summary of other relevant research

(Insert comments related to metrics to be suggested by the One world report on metric that is being done)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

Relevant ICANN

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published procedures

ATRT2 analysis

The ATRT has determined that in order to meet the requirements of the AOC, ongoing and continuous focus on Transparency that is independent of ICANN Sr. Staff authority in regards to the information collected and published.  This function needs to be similar to the role of the Ombudsman, and can be forded into the function of the ombudsman.

Draft recommendation

• ICANN should include a yearly transparency report as part of its yearly report.  this report goes beyond any specific implementation notes of previous ATRT recommendations, and should cover a large range of Transparency efforts and metrics.
• Issues to be covered include: I.a. 
  
  • Reports on the usage of the Documentary Information disclosure Policy (DIDP)
  • Statistical reporting on the Board information and report disclosure, this should include measures of:
    
    • Percentage of Board Book and other information that is released to the general public
    • Percentage of released information that is redacted
    • Number and nature of issues that Board determined should be treated at either:
      
      • Under chatham House Rule
      • Completely confidential

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
  • Include a yearly report of metric that are derived from the transparency recommendations made in AOC recommendations.  this metrics report should include:
    
    • Analysis of the continued relevance and usefulness of existing metrics, including considerations on whether activities are being geared toward the metrics (aka, teaching to the test) without contributing toward the goal of genuine transparency
    • Recommendations for new metrics
• This report could This report should be created under the supervision of  the  (the ICANN Ombudsman.) external auditor
  
  • This would require a change to By-laws on the Ombudsman scope
• (The transparency function requires an additional hire, within the Ombudsman office, to work with the various AOC review groups to provide continuity of the transparency function across all AOC groups.)

Public Comment on Draft Recommendations

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