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On the call the other day, Allan MacGillivray raised the issue of a
mechanism to appeal IANA decisions. I believe that he was referring to
the text in the CWG Proposal Section III "Proposed Post-Transition
Oversight and Accountability", Paragraph 106, Sub-section 6 which
reads:<br><br>
<blockquote type=cite class=cite cite=""><i>Appeal mechanism. An appeal
mechanism, for example in the form of an Independent Review Panel, for
issues relating to the IANA functions. For example, direct customers with
non-remediated issues or matters referred by ccNSO or GNSO after
escalation by the CSC will have access to an Independent Review Panel.
The appeal mechanism will not cover issues relating to ccTLD delegation
and re-delegation, which mechanism is to be developed by the ccTLD
community post-transition.</i></blockquote><br>
I made the case that there would be few and far-between cases of IANA
decisions that could be appealed (with the perhaps sole example being a
decision of IANA that a request from a registry should NOT be honoured).
Perhaps I was correct, but that is rather moot. The CWG did specify that
such an appeal mechanism should be provided, it is now an integral part
of the ICG proposal, and admittedly their could be cases where an IANA
decision was made and not altered despite CSC and other
interventions.<br><br>
In my mind, although perhaps the IRP could be modified to address the
need, that would take a lot of work for a situation that may never
happen, and moreover, the IRP is a lengthy process not geared to the pace
of IANA actions or the operational pace of the Internet.<br><br>
I would suggest that the Board Reconsideration Process would be a viable
appeal mechanism in this case. It should be relatively easy to adjust the
revised bylaws to allow reconsideration of a decision of an ICANN
subsidiary or wholly controlled affiliate and to have the PIT bylaws
allow for ICANN to advise that an IANA decision be modified (or whatever
level of binding resolution we want).<br><br>
I would suggest that we recommend to the CCWG-Accountability to allow for
a PTI appeal mechanism via the ICANN Board Reconsideration
process.<br><br>
Alan</body>
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