It is now just over a year since I commenced as the new ombudsman at ICANN, and therefore time to reflect on what I have learned and what I have achieved. I will of course prepare an annual report in the usual way, and this post is an informal reflection.
One of the features of my appointment has been a greatly increased number of complaints. Regrettably a significant number are matters where I do not have jurisdiction. There is obviously a need for assistance for many of these people, who often do not understand the complexities of the domain name structures and distinctions between all of the various stakeholders. My background as a lawyer does prompt me to want to assist people who have a need, but I am limited by the very specific jurisdiction in article 5 of the ICANN bylaws and my framework.
First I should share some statistics.
A total of 239 complaints Compare this to the previous year as below
Or 19 in total
The change in the number of complaints is an interesting development. To be honest, I am unclear why there has been such a rapid growth, although I am pleased that there is continued confidence in the office. This has meant an adjustment upwards in the time spent, because even the non-jurisdictional complaints need to be carefully considered. An interesting trend is the number of complaints from outside the United States is also increasing.
I have noticed that in certain circles it is common practice to criticise ICANN, and on occasion I have suggested that if they are so unhappy with ICANN, then they should make a formal complaint to me. I do not know if this has actually lead to complaints, although I hope that the message is out that my office is available.
It is difficult to comment about complaints in too much detail because of the need to protect confidentiality. However a common thread in some supporting organisations is too much attention to the rules and procedure and not enough to the tasks and functions. This can be very distracting for those who want to make a contribution to policy but are prevented from doing so because of the issues over such matters as elections, process for discussion at meetings and conflict over which rules should apply. There is merit in continuing with the projects presently underway with the RALOs to harmonise rules of procedure, and I would add that it is important to also simplify such rules, and concentrate on plain English. The use of plain English as an additional advantage because it becomes easier to translate, and our translations should equally be in plain French, Chinese or other languages. It would be unfortunate if our rules and procedures proved a barrier to participation.
Some aspects of working as the ICANN ombudsman can be wonderful. At the ICANN meetings I have met people from so many different countries and cultures, and I have also tried to share with people something of the New Zealand style. We tend to be very informal and not concerned about differences in social standing. I have also had the opportunity to meet our New Zealand team from Internet NZ and the Domain Name Commission, and I am proud to say that I think New Zealand stands tall within ICANN.