[CWG-Stewardship] CCWG-ACCT Request for Guidance on PTI - IRP - Please respond by 23h59 UTC Monday 25 January 2016

[Greg Shatan]

Becky,

That is my impression as well.

Greg

On Mon, Jan 25, 2016 at 4:05 PM, Burr, Becky <Becky.Burr at neustar.biz> wrote:

> My impression based on the various posts is that we need both a general
> provision regarding ICANN’s obligation to cause the PTI to fulfill its
> obligations (the failure to do so would give rise to a standard IRP) and we
> need something to address SLA failures, etc. with a operational (rather
> than constitutional) standard of review.
>
> *J. Beckwith Burr*
> *Neustar, Inc.* / Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> *Office:* +1.202.533.2932  *Mobile:* +1.202.352.6367 */* *neustar.biz*
> <http://www.neustar.biz>
>
> From: Greg Shatan <gregshatanipc at gmail.com>
> Date: Monday, January 25, 2016 at 3:22 PM
> To: Becky Burr <becky.burr at neustar.biz>
> Cc: "avri at acm.org" <avri at acm.org>, "cwg-stewardship at icann.org" <
> cwg-stewardship at icann.org>
> Subject: Re: [CWG-Stewardship] CCWG-ACCT Request for Guidance on PTI -
> IRP - Please respond by 23h59 UTC Monday 25 January 2016
>
> Becky,
>
> have we specified that there should be such a provision in the Bylaws?
>
> I guess we have left to "implementation" the agreement between ICANN and
> PTI. I don't believe this has been picked up yet.  Am I correct?  If so,
> that should probably change soon.
>
> Greg
>
> On Mon, Jan 25, 2016 at 10:45 AM, Burr, Becky <Becky.Burr at neustar.biz>
> wrote:
>
>> Presumably if ICANN has an obligation in its Bylaws to ensure that PTI
>> does the right thing, it will need to create the necessary enforcement
>> mechanisms in its relationship with PTI.
>>
>>
>> J. Beckwith Burr
>> Neustar, Inc. / Deputy
>> General Counsel & Chief Privacy Officer
>> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
>> Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
>> <http://www.neustar.biz>
>>
>>
>>
>>
>> On 1/25/16, 10:30 AM, "Avri Doria" <avri at acm.org> wrote:
>>
>> >Hi,
>> >
>> >Another nagging question I have, and one I think people tell me I am
>> >wrong about becase of MOUs and contracts.
>> >
>> >In the PTI environment, given that ICANN remains the representative for
>> >2 of the operational communities, and they resolve their IANA issues
>> >with ICANN based on contracts and MOUs, how do we expect ICANN to get
>> >what it needs from IANA on their behalf?
>> >
>> >Will, as today. they just tell IANA what to do and that will be the end
>> >of it.
>> >
>> >The other OCs have indicated that any appeals mechanisms we create are
>> >irrelevant to their case - they have their own methods.  But these
>> >methods involve ICANN and not PTI.  Does ICANN need to appeal on their
>> >behalf?  How does it do this?
>> >
>> >avri
>> >
>> >---
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