[CCWG-ACCT] Declaration issued in the Booking.com v ICANN IRP

Jeff Neuman jeff.neuman at valideus.com
Wed Mar 4 03:54:44 UTC 2015

It is also significant in that the panel actually shares a lot of the concerns expressed by the  challenging party, but was powerless to do anything because of the extremely limited mandate of the IRP.  This again demonstrates the significance of the changes that were put in by the icann staff and board "in the middle of the night" after the ICM decision when few people other than the registries were paying attention (and ignored).

This accountability group must put back in place reasonable mechanisms that do not leave impacted parties powerless to get relief especially where a panel, like the one here, shares the concerns expressed by the challenger.  

Sent from my iPad

> On Mar 3, 2015, at 10:39 PM, Phil Corwin <psc at vlaw-dc.com> wrote:
> I have not had a chance to review the entire 50-page document, but the heart of the decision is at the Conclusion, Sections 141-147 on pp.42-43. (decision attached)
> The panel states that the limited nature of the current IRP means that any complainant faces an “uphill battle” and “significant obstavles.> That is especially true where, as here, the adopted policies and procedures are followed, with no available recourse to contesting the soundness of those policies and procedures.
> The decision is a good example of the bounds of the current system. The question is to what extent new accountability measures should make challenges to Board actions less of an uphill battle, or provide a basis for challenging the underlying policies and procedures.
> Philip S. Corwin, Founding Principal
> Virtualaw LLC
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> From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Samantha Eisner
> Sent: Tuesday, March 03, 2015 10:06 PM
> To: accountability-cross-community at icann.org
> Subject: [CCWG-ACCT] Declaration issued in the Booking.com v ICANN IRP
> ICANN received today the final declaration in the independent review proceeding filed by Booking.com<http://Booking.com>. The declaration can be found at https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf.
> Best,
> Samantha
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> <ICANN-ACCT-Bookingdotcom_IRP-final-declaration-03mar15-en.pdf>
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