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

[Staffan Jonson]

I think You both have good proposals here.

Yet another consideration is that we all seem to regard the CSC as an organisation rather than a function.

To me, that is an important difference since e.g. Two functions within the same organization can be separate with an internal ’firewall’, e.g. By charters.
By this solution, we might be able to keep an ’clean’ role for the csc, and having MS input under the 'same hat’.

Does this make sense?

--
:)
Staffan

staffan.jonson at iis.se
 +46 73 317 39 67

Från: Martin Boyle <Martin.Boyle at nominet.org.uk<mailto:Martin.Boyle at nominet.org.uk>>
Datum: måndag 13 april 2015 19:32
Till: Donna Austin <Donna.Austin at ariservices.com<mailto:Donna.Austin at ariservices.com>>, "dt3 at icann.org<mailto:dt3 at icann.org>" <dt3 at icann.org<mailto:dt3 at icann.org>>, "kim. davies" <kim.davies at icann.org<mailto:kim.davies at icann.org>>
Ämne: Re: [DTC CSC] CSC role in disputes between IANA and registry operator

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> [mailto:dt3-bounces at icann.org] On Behalf Of Donna Austin
Sent: 13 April 2015 18:13
To: dt3 at icann.org<mailto:dt3 at icann.org>; kim.davies at icann.org<mailto: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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