Changes

* ''In ICANN's control or custody'' generally means that ICANN, in the course of its operations, either received and retained documents from other parties, or generated them in fulfillment of a specific mandate or objective. ICANN will reject requests for documentary information that it does not control.<ref> See, e.g., [https://www.icann.org/en/about/transparency/20110411-1/duke-response-11may11-en.pdf DIDP 20110411-1] from the Free Speech Coalition, inquiring about the board composition & officers of another outside entity</ref> Even in situations where ICANN is participating in a collaborative process, if the records of the process are stored outside of ICANN, a DIDP request will be met with a negative response.<ref>See, e.g., [https://www.icann.org/en/system/files/files/cis-netmundial-response-27jan15-en.pdf DIDP 20141228-1-NETmundial]: "Although ICANN is one of the founding members of the Initiative, the NETmundial Initiative is not a part of ICANN...Information on the

* ''In ICANN's control or custody'' generally means that ICANN, in the course of its operations, either received and retained documents from other parties, or generated them in fulfillment of a specific mandate or objective. ICANN will reject requests for documentary information that it does not control.<ref> See, e.g., [https://www.icann.org/en/about/transparency/20110411-1/duke-response-11may11-en.pdf DIDP 20110411-1] from the Free Speech Coalition, inquiring about the board composition & officers of another outside entity</ref> Even in situations where ICANN is participating in a collaborative process, if the records of the process are stored outside of ICANN, a DIDP request will be met with a negative response.<ref>See, e.g., [https://www.icann.org/en/system/files/files/cis-netmundial-response-27jan15-en.pdf DIDP 20141228-1-NETmundial]: "Although ICANN is one of the founding members of the Initiative, the NETmundial Initiative is not a part of ICANN...Information on the

operations of the NETmundial Initiative is not housed within ICANN; it is available on the NETmundial Initiative website at https://www.netmundial.org/."</ref>

operations of the NETmundial Initiative is not housed within ICANN; it is available on the NETmundial Initiative website at https://www.netmundial.org/."</ref>

* ''Not publicly available'' is a requirement that would seem straightforward. However, as ICANN's 2021 Transparency Report notes:

* ''Not publicly available'' is a requirement that would seem straightforward. However, the quantity and breadth of information available is a challenge. As ICANN's 2021 Transparency Report notes: "Over ICANN’s history, the Board, community, and org have produced and accumulated thousands of pieces of unstructured content spread across 38 different public sites. This content continues to grow by up to 30% each year. The org currently surfaces this content through multiple unconnected platforms with differing foundational technologies that are non-scalable, may be vulnerable, and are no longer fit for purpose."<ref>[https://www.icann.org/en/system/files/files/annual-report-2021-en.pdf ICANN Annual Report 2021], page 82</ref> As a result, most responses to DIDP requests take pains to identify and provide links to publicly available information that may have escaped the notice of the requester.

<blockquote>Over ICANN’s history, the Board, community, and org have produced and accumulated thousands of pieces of unstructured content spread across 38 different public sites. This content continues to grow by up to 30% each year. The org currently surfaces this content through multiple unconnected platforms with differing foundational technologies that are non-scalable, may be vulnerable, and are no longer fit for purpose.<ref>[https://www.icann.org/en/system/files/files/annual-report-2021-en.pdf ICANN Annual Report 2021], page 82</ref></blockquote> As a result, most responses to DIDP requests take pains to identify and provide links to publicly available information that may have escaped the notice of the requester.

* The identification of ''responsive'' documents is the least problematic of the criteria defined by the process. The question of whether existing, nonpublic documents are responsive to the DIDP request appears to be straightforward for staff. However, many responsive documents may be withheld for other reasons.

* The identification of ''responsive'' documents is the least problematic of the criteria defined by the process. The question of whether existing, nonpublic documents are responsive to the DIDP request appears to be straightforward for staff. However, many responsive documents may be withheld for other reasons.

* ''Defined Conditions of Nondisclosure'' are discussed in the next section.

* ''Defined Conditions of Nondisclosure'' are discussed in the next section.