Documentary Information Disclosure Policy: Difference between revisions

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* Indian stakeholders have cited difficulties in accessing documents under DIDP and asked for greater transparency.<ref>[https://www.ohchr.org/Documents/Issues/Expression/IntOrganizations/CCG_NLU.pdf Centre for Communication Governance at National Law University, Delhi Submission to the United Nations Special Rapporteur on Freedom of Speech and Expression: Study on Access to Information in International Organizations pg. 5]</ref>

** [[Padmini Baruah]], of [[The Centre for Internet and Society]], explains that ICANN deflects most requests for information, using clauses about internal processes, stakeholder discussions, protecting financial interests of third parties (cited in over 50% of the responses up to 2016) to avoid disclosing its [[Contractual Compliance]] audits and reports of abuse to [[registrar]]s. Baruah's complaint is that because ICANN regulates a global public good, it should be far more open.<ref name="baruah">[https://cis-india.org/internet-governance/blog/peering-behind-the-veil-of-icanns-didp-ii Padmini Baruah, Peering behind the veil of ICANN's DIDP (II), CIS-India]</ref> Baruah presented on this topic at an [[NCUC]] session during [[ICANN 55]], and [[George Sadowsky]] was invited to comment on her findings. He noted that there were some discrepancies between Baruah's assessments of the history of the DIDP mechanism and ICANN staff's assessment of the same history.<ref>[https://meetings.icann.org/en/marrakech55/schedule/tue-ncuc/transcript-ncuc-08mar16-en ICANN 55 Archive - Transcript, Non-Commercial Users Constituency Meeting], March 8, 2016 (starting at page 59) (PDF)</ref> Baruah subsequently submitted a DIDP request in an attempt to reconcile her analysis with that of ICANN staff. ICANN responded in part:

<blockquote> In several instances, your characterizations of “no” or “partly” disclosed are either mistaken, do not acknowledge the information and documents identified as publicly posted, do not take into consideration the nature of the requests and the existence (or lack thereof) of responsive documents, and/or do not consider the balancing required between the public benefit and the potential harm of requested disclosures.<ref>[https://www.icann.org/en/system/files/files/didp-20160423-5-cis-response-21may16-en.pdf ICANN Staff response to DIDP Request 20161024-4], May 21, 2016 (PDF)</ref></blockquote>

:<blockquote> In several instances, your characterizations of “no” or “partly” disclosed are either mistaken, do not acknowledge the information and documents identified as publicly posted, do not take into consideration the nature of the requests and the existence (or lack thereof) of responsive documents, and/or do not consider the balancing required between the public benefit and the potential harm of requested disclosures.<ref>[https://www.icann.org/en/system/files/files/didp-20160423-5-cis-response-21may16-en.pdf ICANN Staff response to DIDP Request 20161024-4], May 21, 2016 (PDF)</ref></blockquote>

ICANNWiki editors' own work reviewing DIDP requests for the Summary Tables below did find that some of Baruah's assessments of staff responsiveness to requests were technically inaccurate for various reasons. However, it is notable that those inaccuracies more often erred on the side of "responsiveness," rather than refusal to submit information. This is in part because of ICANN's efforts to ensure that every DIDP response provides links to publicly available documents (which are, strictly speaking, not disclosures of documentary information). Baruah tended to note these responses as "partly" providing information under the policy.<ref name="baruah" />

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 * Indian stakeholders have cited difficulties in accessing documents under DIDP and asked for greater transparency.<ref>[https://www.ohchr.org/Documents/Issues/Expression/IntOrganizations/CCG_NLU.pdf Centre for Communication Governance at National Law University, Delhi Submission to the United Nations Special Rapporteur on Freedom of Speech and Expression: Study on Access to Information in International Organizations pg. 5]</ref>
 ** [[Padmini Baruah]], of [[The Centre for Internet and Society]], explains that ICANN deflects most requests for information, using clauses about internal processes, stakeholder discussions, protecting financial interests of third parties (cited in over 50% of the responses up to 2016) to avoid disclosing its [[Contractual Compliance]] audits and reports of abuse to [[registrar]]s. Baruah's complaint is that because ICANN regulates a global public good, it should be far more open.<ref name="baruah">[https://cis-india.org/internet-governance/blog/peering-behind-the-veil-of-icanns-didp-ii Padmini Baruah, Peering behind the veil of ICANN's DIDP (II), CIS-India]</ref> Baruah presented on this topic at an [[NCUC]] session during [[ICANN 55]], and [[George Sadowsky]] was invited to comment on her findings. He noted that there were some discrepancies between Baruah's assessments of the history of the DIDP mechanism and ICANN staff's assessment of the same history.<ref>[https://meetings.icann.org/en/marrakech55/schedule/tue-ncuc/transcript-ncuc-08mar16-en ICANN 55 Archive - Transcript, Non-Commercial Users Constituency Meeting], March 8, 2016 (starting at page 59) (PDF)</ref> Baruah subsequently submitted a DIDP request in an attempt to reconcile her analysis with that of ICANN staff. ICANN responded in part:
-<blockquote> In several instances, your characterizations of “no” or “partly” disclosed are either mistaken, do not acknowledge the information and documents identified as publicly posted, do not take into consideration the nature of the requests and the existence (or lack thereof) of responsive documents, and/or do not consider the balancing required between the public benefit and the potential harm of requested disclosures.<ref>[https://www.icann.org/en/system/files/files/didp-20160423-5-cis-response-21may16-en.pdf ICANN Staff response to DIDP Request 20161024-4], May 21, 2016 (PDF)</ref></blockquote>
+:<blockquote> In several instances, your characterizations of “no” or “partly” disclosed are either mistaken, do not acknowledge the information and documents identified as publicly posted, do not take into consideration the nature of the requests and the existence (or lack thereof) of responsive documents, and/or do not consider the balancing required between the public benefit and the potential harm of requested disclosures.<ref>[https://www.icann.org/en/system/files/files/didp-20160423-5-cis-response-21may16-en.pdf ICANN Staff response to DIDP Request 20161024-4], May 21, 2016 (PDF)</ref></blockquote>
 ICANNWiki editors' own work reviewing DIDP requests for the Summary Tables below did find that some of Baruah's assessments of staff responsiveness to requests were technically inaccurate for various reasons. However, it is notable that those inaccuracies more often erred on the side of "responsiveness," rather than refusal to submit information. This is in part because of ICANN's efforts to ensure that every DIDP response provides links to publicly available documents (which are, strictly speaking, not disclosures of documentary information). Baruah tended to note these responses as "partly" providing information under the policy.<ref name="baruah" />