[NCUC-DISCUSS] Statement on Transparency and Off-list Communication

[Michael Karanicolas]

Hi all,

The following is a statement which EC members developed over the past two
days, and have now voted to forward to our the list for discussion:

First off, we can confirm that we sometimes use off-list methods to
communicate with one another, both individually and at times, as a group.
We do not believe this represents a violation of our bylaws or operating
procedures. Indeed, the transparency section of our bylaws (section XII(a))
specifically contemplates instances where information may need to be
withheld, such as where its disclosure would negatively impact our
engagement with a policy under discussion. In other instances, we may use
offlist communications for more informal or social chatter, unrelated to
the NCUC decision-making process, or to try and get the attention of a
person where on-list communications are going unanswered.

EC deliberations take place on-list. But, when juggling multiple
communication tracks, it is inevitable that there can be some overlap, or
instances where a communication that should be made on-list is made using
an external service. That was the case with regards to the latest IGF
proposal, where some of the reviewing feedback was given via Skype. In
part, this was due to the quick turnaround of the proposal, and the pending
deadline (for a full timeline of how the IGF proposal was developed, please
see the discussion on the NCUC-Discuss list here
<https://lists.ncuc.org/pipermail/ncuc-discuss/2018-June/044315.html>). It
is worth noting that, in this case, substantially identical feedback was
sent to the ExComm list at the same time, in order to ensure that it was
documented.

Nonetheless, we acknowledge that the use of off-list communication is a
problem. In order to remedy it, one suggestion would be for us to develop
and approve guidelines for EC communications, and rules around their
archiving and disclosure (including, potentially, any off-list
communications about the IGF proposal which triggered this discussion).
These could potentially be incorporated into our operating procedures. If
members feel that is a good idea – we would be happy to develop a draft for
discussion.

Transparency and accountability are values that we hold dear and, in many
cases, are active advocates for across the ICANN communities. The challenge
of managing formal and informal avenues of communication is a common one
across the transparency sector, particularly with the expanding diversity
of communications tools and devices that we now have available. We are
committed to doing better, and to working harder to foster trust between
the EC and its constituents. As always, we welcome constructive feedback.

We look forward to the conversation.

The NCUC Executive Committee
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