[DTC CSC] CSC role in disputes between IANA and registry operator

[Martin Boyle]

Hi Donna,

Good thinking.  Kim is likely to have an answer that might help explain this:  I really feel bemused by Chuck's position and what cases the CSC might be called on to judge.  And a concern I have is that if there is another appeals route, people will use it.  As we heard from Allan MacG, we certainly do not know how to deal with ccTLD appeals and there are issues on who gets to judge a hostile redelegation?

Perhaps there are perhaps two options:


*         The IANA functions operator establishes a mediation service (but this then becomes the end of the road); or


*         The IANA functions operator publishes the documentation and the reason for its decision.  The CSC, ccNSO or GNSO could all challenge the decision on the basis of failure to meet process or policy.


I am particularly alarmed at the DT-M proposal that the appeal "process is open to anyone (including individuals, ccTLD regional organisations, ICANN SO/ACs etc)."  So Paul Kane could argue that .uk should be run by .ac (to take a ludicrous example) in spite of what the national process had decided?  An individual could pursue a case at great length.  Whereas the NTIA could say, go away, the individual members might find themselves embroiled in a serious legal dispute.

Thanks

Martin



From: dt3-bounces at icann.org [mailto:dt3-bounces at icann.org] On Behalf Of Donna Austin
Sent: 13 April 2015 18:13
To: dt3 at icann.org; kim.davies at icann.org
Subject: [DTC CSC] CSC role in disputes between IANA and registry operator

Hi Kim

Our Design Team is getting some serious push-back to take on some role in disputes between IANA and a registry operators.

Do you have information about the type of complaints you receive, how often, how they are resolved, are they often escalated beyond the IANA team, to your knowledge has NTIA ever been asked to intervene.

If we have some background, perhaps we can be more informed in making our decisions.

Team: I still would prefer that the CSC not become involved, but we may need to reconsider. Jonathan suggested rather than the CSC becoming involved in the dispute that they manage the process for resolution; perhaps to this end the CSC could direct complaints to a mediator. If it came to that, I don't see why IANA could not also offer the same service of a mediator.

Thanks,

Donna

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