[bc-gnso] CSG joins NCSG on letter to ICANN, regarding 12-month clock for challenging board actions

Thu Oct 25 10:30:38 UTC 2018

As discussed in CSG meetings this week, the BC joined the IPC, ISPs, and the Non-Commercial Stakeholders Group (NCSG) in this letter<https://www.icann.org/en/system/files/correspondence/badiei-et-al-to-chalaby-23oct18-en.pdf> to ICANN board.

The letter re-iterates the BC position in our Aug-2018 comment<https://www.bizconst.org/assets/docs/positions-statements/2018/2018_08August_10%20BC%20Comment%20on%20Updated%20Rules%20for%20IRP.pdf> on Independent Review Process Implementation Oversight Team (IRP-IOT) Draft Recommendations.  We oppose a strict 12-month time limit on IRP challenges.  (see letter<https://www.icann.org/en/system/files/correspondence/badiei-et-al-to-chalaby-23oct18-en.pdf> for details)

Today in Barcelona, the board adopted their resolution for interim rules while the community continues to discuss issues such as the time limit. (scribe feed below)

WE NOW MOVE TO THE NEXT RESOLUTION, ITEM 2. D, INDEPENDENT REVIEW PROCESS INTERIM SUPPLEMENTARY RULES OF PROCEDURES.
CHRIS DISSPAIN IS THE SHEPHERD.  CHRIS.
>>CHRIS DISSPAIN:  THANK YOU, CHERINE.  FOR THIS I'M ACTUALLY GOING TO READ THE WHEREASES, BECAUSE I THINK THEY SET OUT CLEARLY WHY WE'RE HERE ON THIS PARTICULAR RESOLUTION AND THEN I'M GOING TO TAKE QUESTIONS AND COMMENTS.
SO WHEREAS, THE INDEPENDENT REVIEW PROCESS, IRP, IS AN ACCOUNTABILITY MECHANISM PROVIDED BY THE ICANN BYLAWS THAT ALLOWS FOR THIRD PARTY REVIEW OF ICANN BOARD OR STAFF ACTIONS (OR INACTIONS) ALLEGED BY AN AFFECTED PARTY TO BE  INCONSISTENT WITH ICANN'S ARTICLES OF INCORPORATION OR BYLAWS.
WHEREAS, ICANN IRPs ARE GOVERNED BY THE INTERNATIONAL CENTER FOR DISPUTE RESOLUTIONS, (ICDR) INTERNATIONAL ARBITRATION RULES, AS MODIFIED BY THE IRP SUPPLEMENTARY PROCEDURES.
WHEREAS, AN IRP IMPLEMENTATION OVERSIGHT TEAM, IOT, WAS FORMED UNDER THE BYLAWS TO, AMONG OTHER TASKS, DRAFT THE DETAILED IRP SUPPLEMENTARY RULES OF PROCEDURE (UPDATED SUPPLEMENTARY PROCEDURES) FOR BOARD ADOPTION.
WHEREAS, THE IRP IOT HAS MADE SIGNIFICANT PROGRESS IN DRAFTING THE UPDATED IRP SUPPLEMENTARY PROCEDURES; HOWEVER, THERE ARE STILL SOME AREAS THAT NEED FURTHER DEVELOPMENT AND ARE NOT READY TO BE FINALIZED FOR BOARD APPROVAL.
WHEREAS, IN CONSIDERATION THAT THE SUBJECT SUPPLEMENTARY PROCEDURES IN EFFECT DO NOT CORRESPOND TO THE BYLAWS AS UPDATED ON THE 1st OF OCTOBER, 2016, THE IRP IOT HAS DEVELOPED A SET OF INTERIM SUPPLEMENTARY PROCEDURES THAT ALIGN WITH THE CURRENT BYLAWS, IN ORDER TO APPLY TO AN IRP IF ONE IS INITIATED BEFORE ALL ISSUES ARE ADDRESSED TO MEET A FINAL SET OF UPDATED IRP SUPPLEMENTARY PROCEDURES.  AS OF THE 21st OF OCTOBER, 2018, THE IOT CONSENTED TO SUBMITTING THIS SET OF INTERIM SUPPLEMENTARY PROCEDURES TO THE BOARD FOR CONSIDERATION.
WHEREAS, THE IRP IOT IS, AMONG OTHER ITEMS, CONSIDERING POTENTIAL MODIFICATIONS TO RULE 4 REGARDING TIME LIMITS FOR FILING AN IRP, AND THERE DOES NOT YET APPEAR TO BE COMMUNITY CONSENSUS ON WHETHER IT IS APPROPRIATE TO HAVE AN OUTSIDE ISSUE UNDER DISCUSSION IN 4 HAS BEEN GOING ON A LONG TIME, AND I THINK IT'S REALLY GOOD THAT WE HAVE A RESOLUTION FOR IT THAT ALLOWS -- LEAVES THE DOOR OPEN FOR THE CONTINUED DISCUSSION AND FOR REDRESS OF ANYTHING THAT MAY FALL IN THE GAPS.  I'M REALLY QUITE PLEASED WITH THAT.
THE ONE THING I WOULD LIKE TO ADD IS THE IOT GROUP IN WHICH I HAVE BEEN PARTICIPATING IS OPERATING UNDER THE PRESSURE OF ALMOST NO PARTICIPANTS OR VERY FEW PARTICIPANTS, THE SAME THREE OR FOUR.  AND WITH HAVING SEEN THE INTEREST THAT CAME OUT IN THE LETTERS ABOUT HOW IMPORTANT THIS ISSUE WAS AND HOW CRITICAL IT WAS THAT ALL OPINIONS BE CONSIDERED, I'M REALLY HOPING THAT AS WE MOVE FORWARD TO GO FROM INTERIM TO FINAL, WE ACTUALLY SEE FULL PARTICIPATION IN THE GROUP.  THANKS.
>>CHRIS DISSPAIN:  THANKS, AVRI.  I ENDORSE THAT COMPLETELY.  IT'S VERY IMPORTANT THAT PEOPLE ARE PARTICIPATING IN THE WORKING GROUP.
ANYBODY ELSE BEFORE I READ THE RESOLUTION AND HAND IT BACK TO CHERINE?  OKAY.  SO I'M JUST GOING TO READ THE RESOLUTION.  THERE ARE TWO.  RESOLVED, THE BOARD ADOPTS THE INDEPENDENT REVIEW PROCESS INTERIM SUPPLEMENTARY PROCEDURES.  AND, RESOLVED, THE BOARD THANKS THE IRP IOT FOR ITS WORK TO DATE AND URGES THE IRP IOT TO DELIVER A SET OF UPDATED SUPPLEMENTARY PROCEDURES TO THE BOARD AS SOON AS POSSIBLE.  CHERINE.
>>CHERINE CHALABY:  THANK YOU, CHRIS.
BEFORE I CALL THE VOTE, ANY OTHER COMMENTS?  BECKY.
>>BECKY BURR:  I JUST WANT TO REITERATE AVRI'S COMMENTS REGARDING THE IMPORTANCE OF  THIS.  THE MODIFICATIONS -- CREATION OF A STANDING PANEL AND THE MODIFICATIONS OF THE RULES FOR THE IRP WAS A KEY  CORNERSTONE OF THE ACCOUNTABILITY-CCWG PART OF THE TRANSITION.  IT'S GRATIFYING THAT WE ARE GETTING HERE TODAY AND IT WILL BE EVEN MORE  GRATIFYING TO MOVE FORWARD ON FINAL RULES ONCE THAT COMMUNITY REACHES CONSENSUS ON THAT AND MOVE INTO THE CREATION OF THE STANDING PANEL.
>>CHERINE CHALABY:  THANK YOU, BECKY.
ANY OTHER COMMENTS?  WHO WOULD LIKE TO PROPOSE THIS RESOLUTION?  BECKY.  WHO WOULD LIKE TO  SECOND?  RAM.  OKAY.
ALL OF THOSE FOR SAY AYE.
>>MULTIPLE VOICES:  AYE.
>>CHERINE CHALABY:  ANYONE -- ANY ABSTENTION?  ANYONE AGAINST?  ALL RIGHT.  THE RESOLUTION IS PASSED.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/bc-gnso/attachments/20181025/14da2c86/attachment.html>