[CCWG-ACCT] [Party2] Independent Review

[Jacob Malthouse]

Bruce, the IRP PDF is improved. We still have a long way to go.

To throw this into stark relief, here's an analogy:

Imagine you got a mortgage to build a house. Right before you start to
build, a third party puts some 'hold' on your land with city council. Your
building permit freezes.

You have literally no way of knowing anything about how long the process
will be, if it is even justified or has standing, and all questions you ask
to the Council are met with, well check this PDF we update it every so
often, there's some cryptic stuff in there but even if you aren't on it you
might still be on hold. There's some timelines but no one pays attention to
them. Might be six months, might be four years. Might be until the sun
expands to fry the earth.

Now go tell your wife.

Best. J.

On 8 March 2015 at 12:03, Robin Gross <robin at ipjustice.org> wrote:

> We need to add an evaluation of the "Cooperative Engagement Process" or
> "CEP" - the initial or pre step to trigger an IRP on an ICANN decision.
> There are timing, transparency, and due process issues to consider in the
> CEP step an ICANN IRP.
>
> Thanks,
> Robin
>
>
> On Mar 6, 2015, at 9:18 AM, Alice Munyua wrote:
>
>  Dear David
>
> Thank you.
> Re-sending and  would like to add another issue regarding timely
> communication to all affected parties.
>
> Best regards
> Alice
>
>  Alice
> Thanks - it doesn't look like your message got distributed to the group
> list which I think would be a good idea -
> David
>
> At 01:48 AM 3/6/2015, you wrote:
>
> Dear David,
>
> Thank you for this list of topics.
>
> 11. Should the IRP be provided with clear time lines for each stage
> 12 What provisions can be put in place for redress against the IRP
> provider in the event the process goes off track
>
> Best regards
> Alice Munyua
> AUC
>
>
> On 06/03/2015 01:19, David Post wrote:
>
>
> [This is for the *Independent Review subgroup*:  Paul Rosenzweig, David
> McAuley, Jonathan Zuck, Robin Gross, Chris LaHatte, me]. I don't think a
> separate mailing list has been set up, so I apologize to the rest of you
> who are working on other issues here]
>
> I'm a little bit late to the WP2 party, but I thought, just for the
> purpose of kicking off our discussion, we might see if there we can
> generate a list of topics that we need to cover for the design of the IRP
> --
>
> I'm sure there are others, but here's a starter group, picking up on some
> of the "issues" listed in the latest work item list and adding a few others:
>
> 1.  Will the IRP be a permanent standing panel, or will it have rotating
> membership?
> 2.  What is the scope of the IRB's jurisdiction - what kinds of claims can
> it hear?
> 3.  What standard of review will it use to render its decisions?
> 4.  Standing - who can bring claims to the IRP?
> 5.  How will IRB members be nominated and appointed?
> 6.  Term - for how long will IRP members serve?  Can they be re-appointed?
> 7.  Will there be a process for removal of IRP members?
> 8.  Costs - who will pay IRP costs?
> 9.  How will IRP decisions be implemented?  Are they binding on the
> Board?  Can they be overturned by the Board?
> 10.  Should changes to the IRP process be made permanent (i.e., not
> subject to Board modification)? If so, how can we accomplish that?
>
>
> As I said, I'm sure there are things missing or mis-stated - but I do
> think it would be worth trying to put a list like this together to
> structure our discussion as we plunge forward.
> David
>
>
> *******************************
> David G Post - Senior Fellow, Open Technology Institute/New America
> Foundation
> blog (Volokh Conspiracy) http://www.washingtonpost.com/people/david-post
> book (Jefferson's Moose)  http://tinyurl.com/c327w2n
> <http://tinyurl.com/c327w2n%A0%A0%A0%A0%A0>
> music http://tinyurl.com/davidpostmusic publications etc.  http://www.davidpost.com
> <http://www.davidpost.com%A0%A0%A0%A0%A0%A0%A0/>
> *******************************
>
>
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> *******************************
> David G Post - Senior Fellow, Open Technology Institute/New America
> Foundation
> blog (Volokh Conspiracy) http://www.washingtonpost.com/people/david-post
> book (Jefferson's Moose)  http://tinyurl.com/c327w2n
> <http://tinyurl.com/c327w2n%A0%A0%A0%A0%A0%A0%A0>
> music http://tinyurl.com/davidpostmusic
> <http://tinyurl.com/davidpostmusic%A0> publications etc.  http://www.davidpost.com
> <http://www.davidpost.com%A0%A0%A0%A0%A0%A0%A0%A0%A0/>
> *******************************
>
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