[CCWG-ACCT] Follow up from the last CCWG call
gregshatanipc at gmail.com
Tue Apr 7 22:13:56 UTC 2015
I think there should be a role for the Ombudsman here. I'm not sure that
making a recommendation to the Board is the right one. It may be that the
Ombudsman should help the aggrieved party examine their case and help see
if they can find grounds for a viable reconsideration. I know that Chris
LaHatte participates in this list, and I would love to have his views on
what would be the most "ombudsmanic" role for the Ombudsman in this case.
*Gregory S. Shatan **ï* *Abelman Frayne & Schwab*
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*gsshatan at lawabel.com <gsshatan at lawabel.com>*
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On Tue, Apr 7, 2015 at 4:50 PM, Edward Morris <egmorris1 at toast.net> wrote:
> On Tue, Apr 7, 2015 at 5:41 PM, Greg Shatan <gregshatanipc at gmail.com>
>> The circular nature of the RR process is a significant concern. It is
>> almost Kafka-esque.
> Of course, that's the re part of reconsideration.
> My impression is that one of the problems is that reconsideration takes
> place largely without much real new input for the Board to consider. The
> aggrieved party merely re-argues its case before the same people that made
> the initial decision. No surprise then that over 95% of reconsideration
> requests are unsuccessful.
> One approach to change this would be to include, at the Requestor's
> option, an intermediary process where the Ombudsman could look at the
> Request and make a recommendation to the Board for action/inaction. The
> basis of the recommendation would need to be stated (we perhaps would need
> to expand the remit of the Ombudsman, in this instance, to do so) and
> rather short time limits would need to be involved so decisions are reached
> in a reasonable timeframe, but it would be a way to get the contentious
> issue before a set of independent eyes before it reverts back to the Board.
> A bit less Kafka-esque and hopefully enough to make the reconsideration
> process as bit less predictable in terms of outcome and a better mechanism
> for true accountability.
>> On Tue, Apr 7, 2015 at 12:28 PM, Robin Gross <robin at ipjustice.org> wrote:
>>> Thanks, Izumi for joining this conversation on reconsideration request.
>>> But we aren't adding it as a "new" issue to WS1 however, it has been in WS1
>>> since the Frankfurt meeting in January.
>>> There are a couple additional issues that we need to bring in to the
>>> discussion on Reconsideration Request reform, however.
>>> One issue has been brought up about the problem of the circular nature
>>> of the RR process at this point - that it is basically asking the board to
>>> decide if it was right before. There was some suggestion that we need to
>>> look at this circular aspect of the issue as well, and possibly find a
>>> mechanism that provides for a different set of eyes making the first cut
>>> when at looking at the merits of Request. I'd be interested to hear what
>>> others think of this circular aspect of the RR process.
>>> Thank you,
>>> On Apr 7, 2015, at 7:20 AM, Izumi Okutani wrote:
>>> > Hello all,
>>> > I'd like to follow up from the last call for reconsideration being
>>> list as WS1 requirement.
>>> > As you can see from the chat record of CCWG ACCT Session #18 we
>>> requested for more time to consider it since it is the first time we see
>>> this and and this was agreed by the chair.
>>> > The current note from CCWG ACCT Session #18 call says "CONCLUSION:
>>> Reconsideration process is WS1. " May I suggest this to be revised as this
>>> is not consistent with what was agreed?
>>> > As a feedback on reconsideration process, I support we consider this
>>> as a group, move fast on drafting requirements, identify ways to address it.
>>> > At the sametime I have some reservations on making a decision at this
>>> point for this mechanims to be in WS1.
>>> > We have at this point identified as WS1 :
>>> > - Enhancing ICANN's Mission and Core Values
>>> > - Develop Fundamental Bylaw
>>> > - Strengthening the existing independent review process, and
>>> > - Mechanisms for community empowerment which includes "recall the
>>> ICANN Board of Directors", "approve or prevent changes to the ICANN Bylaws,
>>> Mission and Core Values", "reject Board decisions on Strategic Plan and
>>> > It looks like we already have several core powers to ensure
>>> accountability of key decisions.
>>> > I support the group to continue working on this, progress as much as
>>> possible, but I would like to see an overall picture of accountability
>>> mechanism based on what we have identifies already, before adding more as
>>> > As a away forward, I would like to suggest that we continue working on
>>> this but to visit whether this should be in WS1 after we go through
>>> developing mechanisms for core requirements we have already identified
>>> powers for, have legal reviews, conduct stress test, rather than to make a
>>> decision at this point.
>>> > I would be intersted to hear if anyone have other thoughts on why we
>>> have to make a decision at this point that this needs to be in WS1.
>>> > Best Regards,
>>> > Izumi Okutani
>>> > _______________________________________________
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>>> > Accountability-Cross-Community at icann.org
>>> > https://mm.icann.org/mailman/listinfo/accountability-cross-community
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>> *Gregory S. Shatan **ï* *Abelman Frayne & Schwab*
>> *Partner* *| IP | Technology | Media | Internet*
>> *666 Third Avenue | New York, NY 10017-5621*
>> *Direct* 212-885-9253 *| **Main* 212-949-9022
>> *Fax* 212-949-9190 *|* *Cell *917-816-6428
>> *gsshatan at lawabel.com <gsshatan at lawabel.com>*
>> *ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com>*
>> *www.lawabel.com <http://www.lawabel.com/>*
>> Accountability-Cross-Community mailing list
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