[CCWG-ACCT] Your public comment re replacement of IANA provider

[Burr, Becky]

I feel compelled to point out that the independent panel was interpreting
the entirety of the rules of proceedings to which it was subject - it did
not simply elect to ignore the provision regarding live witnesses.  And
frankly, the IRP operating rules were changed by staff and without Board
approval several times in anticipation of and in response to the ICM
arbitration.  ICANN staff and I have long disagreed about the need/Bylaws
requirement for Board approval of material changes to the IRP procedures.
But the bigger point is, I¹m hard pressed to say that very much about the
current IRP procedures were ³agreed by the community.²




J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
becky.burr at neustar.biz / www.neustar.biz






On 9/23/15, 5:42 AM, "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au>
wrote:

>Hello Anne,
>
>
>
>
>
>>>  Interestingly, the ICANN Board complied with the Panel's Order for
>>>live witnesses at the hearing.  Does this mean they actually did
>>>violate the ICANN ByLaws by doing so?  I guess it is pretty easy to see
>>>how the Board can get caught "between a rock and hard place" in certain
>>>situations.  (U.S. slang cultural reference to no good alternative).
>
>
>
>We took the view that this was a direction of the independent panel, and
>that the complainant had also agreed to participate in a live hearing.
>The panel was of the view that for a new gTLD applicant - this was their
>final recourse and that a full heavy weight court style of procedure was
>appropriate (although expensive for all parties).
>
>
>
>One thing to think about though going forward is what to do if an
>"independent" panel doesn¹t follow the updated rules of procedure for IRP
>proceedings.   When appointing an independent panel to make binding
>decisions - I think it is also important to ensure that the panel is also
>held accountable  to whatever rules of procedure are agreed by the
>community.
>
>
>
>Regards,
>
>Bruce Tonkin
>
> 
>
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