[council] Updated self-review doc - version 2.2
Hello All Attached is the latest version of the self-review document with the addition suggested by Niklas. Below is a plain text summary of the recommendations. Regards, Bruce Tonkin 10.1. Required changes to ICANN bylaws ======================================= 10.1.1. Maintain the present 3 representatives per constituency 10.1.2. Adjust the bylaws to specify that the timelines in the policy development process are guidelines, and allow the GNSO Council to set and revise timelines according to the level of consensus on a particular issue and the amount of volunteer and staff resources available for the specific issue. 10.2. Additional ICANN staff resources required =============================================== 10.2.1. Prior to the commencement of policy development on a particular issue, ensure that ICANN staff provide an analysis and Issues Paper that provides sufficient background and information to support the development of the Terms of Reference and statement of work for a Task Force. . The issue report should indicate how the issue is currently handled within the existing contractual and policy framework. In some instances, it may be necessary for Council to agree to commission an independent expert to analyse an issue (which may include interviewing affected parties within the GNSO) and propose options for policy recommendations that may address the issue. . 10.2.2. During the pubic comment process on a proposed policy recommendation, an independent expert may need to be commissioned to produce a report on the views of the GNSO community in relation to a proposed policy recommendation. 10.2.3. Provide staff support to the task forces and GNSO Council sub-committees that are skilled in creating reports that reflect the input provided by members of Council, and clearly identify where the areas of disagreement exist. 10.2.4. Provide staff support to the Task Forces and to the GNSO Council subcommittees that familiarize themselves with the bylaws and the policy development processes, as well as the relevant previous work of the Council. 10.2.5. Ensure that legal counsel is available for all GNSO Council calls, and ensure that legal counsel is available to task forces and subcommittees as required. With respect to policy development activity, ensure that the legal counsel is fully briefed on the existing contractual arrangements with registries and registrars that relate to the particular issue under discussion. 10.2.6. Prior to the development of a final policy recommendation for the GNSO Council, ICANN should ensure that the recommendation has been reviewed by legal counsel to ensure that the recommendation can be implemented and enforced via the relevant contracts. 10.2.7. Establish a project management process within ICANN that defines a plan and expected dates for implementation of a policy once it is approved by the ICANN Board. 10.2.8. Ensure that the mechanisms are established for monitoring and enforcing compliance with a new policy. This is particularly important in the first 6 months of a new policy, when registry and registrars systems are being modified to support a new policy. 10.2.9. ICANN staff develop a complaints handling process that is capable of logging complaints regarding gtld domain name registration practices, and capable of producing data on a trend basis. This data reporting would be useful on a monthly basis. 10.3. Actions required by the GNSO Council ========================================== 10.3.1. During the early public comment process, encourage members of the ICANN community to submit proposals for solutions to a particular issue. 10.3.2. Given that legal contracts between ICANN and registries and registrars may be open to different interpretation by the contracted parties. Ensure that legal advice from ICANN legal counsel (or external counsel to ICANN) is in writing, and allow affected parties (such as registrars and registries) to submit their own written legal advice for consideration by the GNSO community. 10.3.3. Ensure that the policy is ready for implementation after approval by the GNSO Council and ICANN Board. 10.3.4. As part of the Council report at the end of the policy development process, establish key metrics for measuring the success of the policy, and ensure that appropriate measurement and reporting systems are put in place. 10.3.5. To the extent that the lack of intermediate sanctions for non-compliance with contractual obligations presents a significant impediment to compliance activities, the GNSO should, without prejudice to efforts to enforce existing contractual obligations, develop recommendations for a system of graduated or intermediate sanctions for incorporation in revised contracts. As an initial step, ICANN legal counsel should brief GNSO Council (or a relevant subgroup/task force) on ICANN's current plans to correct ongoing harm and provide greater flexibility and legitimacy for the compliance function.