Ombudsman: Difference between revisions
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'''Ombudsman''' is a term given to someone who is in charge of neutrally handling and replying to all the complaints about a particular organization. | '''Ombudsman''' is a term given to someone who is in charge of neutrally handling and replying to all the complaints about a particular organization. | ||
The '''current ombudsman''' is [[ | The '''current ombudsman''' for [[ICANN]] is [[Herb Waye]]; he assumed this position in July, 2016.<ref>[https://www.icann.org/resources/pages/about-2012-02-25-en About <abbr>ICANN</abbr>’s Ombudsman]</ref> He can be contacted at ombudsman[at]icann.org.<ref>[http://www.icann.org/en/biog/lahatte.htm Bio LaHatte, ICANN.org]</ref> | ||
==ICANN Ombudsman== | ==ICANN Ombudsman== | ||
Responsibilities of the [[ICANN]] ombudsman include dispute resolution, filing complaints and taking actions in response to ICANN staff, board or supporting organization decisions.<ref>[http://www.icann.org/ombudsman/contact.htm ICANN Ombudsman]</ref> ICANN is required to have a fair and impartial ombudsman.<ref>[http://www.icann.org/ombudsman/ ICANN Ombudsman]</ref> | Responsibilities of the [[ICANN]] ombudsman include dispute resolution, filing complaints and taking actions in response to ICANN staff, board or supporting organization decisions.<ref>[http://www.icann.org/ombudsman/contact.htm ICANN Ombudsman]</ref> ICANN is required to have a fair and impartial ombudsman.<ref>[http://www.icann.org/ombudsman/ ICANN Ombudsman]</ref> | ||
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===Responsibilities=== | ===Responsibilities=== | ||
The [[ICANN]] ombudsman has the | The [[ICANN]] ombudsman has the power to access all documents and files. S/he can take action if there is any behavior by ICANN board members and staff that is perceived as unfair, inappropriate, or inconsistent with the organization's Articles and [[ICANN Bylaws]]. S/he is required to submit an annual report to the [[ICANN Board]]. The ICANN ombudsman must adhere to the standard rules of [[The Ombudsman Association]].<ref>[http://www.icann.org/ombudsman/ombudsman-framework-03dec04.htm ICANN Ombudsman]</ref> | ||
''Can Do'': The ICANN Ombudsman has jurisdiction over complaints that arise from things that happen within the community. The ombudsman investigates these events and uses ADR techniques to resolve them and make recommendations as to changes. Can address problems with diversity issues, delays within ICANN and the community, unfair procedures in ICANN and the community, bullying, concerns about privacy, and the new gTLD applications and process. | |||
''Cannot Do'': The Ombudsman cannot make, change or set aside a policy, administrative or Board decision, act, or omission. The Ombudsman cannot investigate issues between a domain name registrar and a domain name holder, nor can the office help with website content or spam or malware. | |||
==Criticism== | |||
The independence of the ICANN Ombudsman has been questioned given the fact that is hired and fired by the [[ICANN Board]] and reports to the [[ICANN Board#Current Board of Directors|ICANN Chair]]. There were also complaints that the person filling the role, [[Frank Fowlie]] at the time, had an indefinite tenure and was not expected to re-apply or held to any form of term limits.<ref>[http://blog.internetgovernance.org/blog/_archives/2010/3/9/4475973.html Archives, Blog.InternetGovernance.org]</ref> | |||
===Complaints Investigated=== | |||
There was a general disapproval of closed-door meetings convened in November 2012, by new ICANN CEO, [[Fadi Chehadé]], at the bequest of ICANN's [[IPC|Intellectual Property Constituency]] and [[Business Constituency]], and Ms. [[Maria Farrell]] of ICANN's [[NCUC|Non-Commercial User Constituency]] was the first to submit an official complaint to the [[ICANN Ombudsman]].<ref>[http://domainincite.com/11294-ombudsman-probing-secretive-trademark-clearinghouse-meetings Ombudsman Probing Secretive Trademark Clearinghouse Meetings, DomainIncite]Published December 12 2012, Retrieved 25 Jan 2013</ref> In a public post she went on the explain, "The complaint is not simply about lack of consultation of constituencies, but about secrecy of the process re. notice, transcripts and documentation, and how it undermines the existing processes whilst privileging a particular interest group." The complaint was brought up by the Ombudsman who asked for further input. However, ICANN CEO [[Fadi Chehadé]] admitted some 2 months later that convening the meetings and producing the [[Trademark Clearinghouse#Strawman Solution|Strawman Solution to the Trademark Clearinghouse]] was the biggest mistake of his first months as CEO.<ref>[http://domainincite.com/11732-industry-man-chehade-admits-strawman-mistake Industry Man Chehade Admits Strawman Mistake, DomainIncite.com]Published and Retrieved 25 Jan 2013</ref> | |||
==Previous Ombudsmen== | ==Previous Ombudsmen== | ||
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===Second Ombudsman=== | ===Second Ombudsman=== | ||
On | On July 28th, 2011, [[ICANN]] appointed [[Chris LaHatte]] as its new ombudsman. Chris is a senior mediator and lawyer. He obtained his graduate degree in law from University of Auckland. He also studied dispute resolution from Massey University. He lives in New Zealand where he practices law. He is a Fellow of the Arbitrators and Mediators Institute of New Zealand and a mediator for the New Zealand Law Society. He is also a construction law adjudicator.<ref>[http://www.domainnews.com/en/new-icann-ombudsman-promises-voice-for-developing-countries.html DomainNews]</ref> | ||
When assuming the position of Ombudsman, Mr. LaHatte said that he hoped to help work on effective cross-cultural communication within ICANN, and was also noted that he was preparing for disputes related to the new gTLD program.<ref>[http://www.domainnews.com/en/new-icann-ombudsman-promises-voice-for-developing-countries.html New ICANN Ombudsman Promises Voice for Developing Countries, DomainNews.com]</ref> | |||
Chris LaHatte was dealing with twice as many complaints as his predecessor as of January 2012, though many of these are issues that he must refer elsewhere as they fall outside his own jurisdiction.<ref>[http://domainincite.com/ombudsman-dealing-with-new-gtlds-complaint/ Ombudsman Dealing With new gTLDs Complaint, DomainIncite.com]</ref> | |||
In December 2012, he called for community feedback related to investigations into closed-door discussions about [[Trademark Clearinghouse]].<ref>[http://domainincite.com/11294-ombudsman-probing-secretive-trademark-clearinghouse-meetings http://domainincite.com/11294-ombudsman-probing-secretive-trademark-clearinghouse-meetings], DomainIncite.com. Published 12 December 2012.</ref> | |||
LaHatte completed his service as Ombudsman in July 2016, and was succeeded by [[Herb Waye]].<ref>[https://ombuds-blog.blogspot.com/2016/07/icann-to-reevaluate-ombuds-role.html Ombuds-Blog - ICANN to Reevaluate Ombudsman Role]</ref> | |||
==External Links== | ==External Links== | ||
* [http://www.icann.org/ombudsman/reports.html Reports and publications] of Ombudsman Office | * [http://www.icann.org/ombudsman/reports.html Reports and publications] of Ombudsman Office | ||
* ICANN ombudsman [https://omblog.icann.org/ blog] | * ICANN ombudsman [https://omblog.icann.org/ blog] | ||
* ICANN ombudman [http://www.icann.org/ombudsman/speech.html speeches] | * ICANN ombudman [http://www.icann.org/ombudsman/speech.html speeches] | ||
==References== | ==References== | ||
{{reflist}} | {{reflist}} | ||
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[[Category: | [[Category:ICANN Organization]] | ||
[[Category:Accountability Mechanisms]] | |||