[Gnso-igo-ingo-crp] Question about Professor Swaine's memo - SUPPORT FOR #4.
Paul Keating
Paul at law.es
Thu Apr 26 11:50:28 UTC 2018
Paul and others,,
I am sorry for being largely offline the past few weeks but an injury has
taken me out of work mode. I am now back only insofar as I can now type for
a few hours daily.
I agree with your comments regarding waiver of immunity and agree with you
up to the point where you suggest we delve into creating parallel systems.
I am in favor of mediation process as a precursor to the UDRP I have been
happy with the Nominet system as previously disclosed in this group. The
only concern I raised with the Nominet system is that it allows Complainants
to test the waters at the mediation stage which requires a formal response
by the Respondent as a precondition. I have had several instances where the
complainant has chosen to withdraw during mediation, leaving the Respondent
in a position of having spent money with no conclusive determination as to
the underlying claims. This leaves the Complainant to try again in the
future. For this reason I have suggested that in such case either (a) the
complainant forfeits its fee to the Respondent, or (b) the Respondent is
free to insist that the uDRP continue to formal conclusion.
As to an arbitration process, there is no need and am completely opposed to
it (as well as #3). Private arbitration systems already exist and all that
is required is for then parties to agree to them as an alternative to the
UDRP process. Inserting a new process into the UDRP is untenable at this
stage as it would require that we create an entire set of rules surrounding
the arbitration process. This is more appropriately within the scope of the
other WG already dealing with substantive URS/UDRP related issues.
For this reason I continue to support option #4. If option #4 is
unacceptable for some reason then I support only the option that resulted in
the voiding of the UDRP decision should the NGO assert immunity in any
post-UDRP proceedings.
I strongly suggest that this WG get moving on producing the report that is
consistent with the consensus (which as I see it strongly favors #4 and
disfavors the others, particularly #3).
Sincerely,
Paul Raynor Keating, Esq.
Law.es <http://law.es/>
Tel. +34 93 368 0247 (Spain)
Tel. +44.7531.400.177 (UK)
Tel. +1.415.937.0846 (US)
Fax. (Europe) +34 93 396 0810
Fax. (US)(415) 358.4450
Skype: Prk-Spain
email: Paul at law.es
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From: Gnso-igo-ingo-crp <gnso-igo-ingo-crp-bounces at icann.org> on behalf of
Paul Tattersfield <gpmgroup at gmail.com>
Date: Thursday, April 26, 2018 at 1:37 AM
To: Mary Wong <mary.wong at icann.org>
Cc: "Donna.Austin at team.neustar" <Donna.Austin at team.neustar>,
"haforrestesq at gmail.com" <haforrestesq at gmail.com>,
"gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>,
"rafik.dammak at gmail.com" <rafik.dammak at gmail.com>
Subject: Re: [Gnso-igo-ingo-crp] Question about Professor Swaine's memo
> Dear Mary & Steve,
>
> Absent UDRP there are two possible ways the immunity question could come
> before a court:
>
> (a) A TM owner seeks to acquire a domain which an IGO has registered
> (b) An IGO seeks to acquire a domain which a domain registrant has registered
>
> In (a) the IGO would be entitled to raise an immunity defence
> In (b) the IGO would be required to waive immunity for the court to consider
> the matter.
>
> As the UDRP is an administrative procedure to help take less complex cases out
> of the judicial system if UDRP is to afford the same protections as any other
> forum then UDRP needs to take into account both cases.
>
> (a) A TM owner seeks to acquire a domain which an IGO has registered by
> bringing a UDRP
> (b) An IGO seeks to acquire a domain which a domain registrant has registered
> by bringing a UDRP
>
> The working group has not looked at (a) which hides the fact that in (b) the
> IGO is never entitled to immunity under any circumstances after initiating an
> action.
>
>
> Before you can even begin to look at the soundness or otherwise of
> Professor.Swaine's reasoning you need to answer the threshold question I posed
> namely:
>
> "Show me examples of where an IGO is entitled to immunity after initiating
> proceedings. In either the initial proceedings or any follow-on proceedings?
> Any jurisdiction will do, any matter will do......"
>
> To which one of co-chair's has now replied
> ³If it is judicial proceedings them [sic] of course an IGO's initiation of
> process indicates an implicit waiver of judicial immunity.²
>
> Quite simply the IGO's are NEVER entitled to jurisdictional immunity if they
> choose to initiate proceedings. . Sure the IGO's have legal defences available
> to them if someone is abusing their name but jurisdictional immunity isn't one
> of them. So a report on immunity can never be relevant and should be removed.
>
>
> The 2 co-chairs preferred option #3 also needs to be ditched, there is little
> support for it anyway (only 1 other active working group member supports it) I
> would guess had the numbers been reversed then victory would have been claimed
> and we would be well on the way to creating an incredibly flawed final report.
>
> The Council, the Board, the GAC and the IGOs are not stupid they are not going
> to fall for some slight of hand pretence arbitration mechanism that will most
> likely never be used and that only continues to exist because it hides behind
> the complexity of an irrelevant expert¹s report. The co-chairs need to save
> wasting everyone's time and graciously agree to withdraw option #3.
>
>
> We have a unique opportunity to improve process for everyone: I respectfully
> suggest
>
> (1) Free private mediation
> (2) A separate parallel arbitration track that registrants are free to choose
> use if they do not want to go the judicial route.
>
> There shouldn¹t be anything in either of those two proposals that is in the
> slightest bit contentious for any stakeholder - it really is a win-win. The
> only question is Is the working group prepared to come together to make it
> happen for IGOs or do we just delay ICANN fashion until the RPM working group
> gets around to looking at it in a few years time for all disputes not just
> those initiated by IGOs?
>
> The IGO¹s have asked for help now I say let¹s help them.
>
> Yours sincerely,
>
>
> Paul
>
>
> On Tue, Apr 24, 2018 at 11:51 PM, Mary Wong <mary.wong at icann.org> wrote:
>> Dear Paul and everyone,
>>
>> Staff is taking the liberty here of addressing your specific question about
>> Professor Swaine¹s memo, including your concern that it may have analyzed a
>> situation where it is not the IGO that commences proceedings but rather is
>> the subject of proceedings against it by a trademark owner. We hope the
>> following extracts from the memo will be useful in clarifying the basis on
>> which Professor Swaine gave his opinion.
>>
>> * In his memo, Professor Swaine notes that he ³focuses on the most likely
>> scenario: that in which an IGO, possessing rights in a name, abbreviation,
>> emblem or the like arising under the Paris Convention Š has complained and
>> prevailed before an administrative panel in Uniform Domain Name Dispute
>> Resolution Policy (³Policy² or ³UDRP²) proceedings against a domain-name
>> registrant‹resulting in an order of cancellation or transfer to which the
>> losing registrant objects by commencing a judicial action Š ³ (see Page 77 of
>> the Working Group¹s Initial Report, at Annex G).
>>
>> * He notes that ³how matters unfold from that point [following the
>> registrant¹s filing suit] will depend on national law² (Page 81, Annex G) as
>> to the question, ³whether‹in light of an IGO¹s assent to Mutual
>> Jurisdiction‹its immunity remains. Here, the more likely answer is that it
>> would not Š The grant of Mutual Jurisdiction would likely establish such a
>> waiver, as it would for a state entity otherwise entitled to foreign
>> sovereign immunity. This waiver would be construed narrowly, but it would
>> likely permit proceeding against an IGO in at least some domestic courts. The
>> overall answer, then, is contingent. If there were no Mutual Jurisdiction
>> clause, an IGO might be entitled to immunity from judicial process; in the
>> status quo, however, it likely would not. Equitable considerations might
>> influence any judicial analysis² (Page 78, Annex G).
>>
>> * Concluding that ³In short, the Mutual Jurisdiction clause means that
>> participating IGOs will have agreed to the possibility of a judicial process,
>> notwithstanding any immunity to which they otherwise would be entitled. This
>> will loom largest in cases in which the IGO is the complainant and benefited
>> from an initial panel decision in its favor, such that the decision to resort
>> to judicial proceedings against the IGO‹and the risks that creates for
>> adverse results‹is made by the private party² (Page 82, Annex G), Professor
>> Swaine focuses the remainder of his memo on this scenario.
>>
>> * As part of his analysis, Professor Swaine also proposed a number of
>> alternative policy proposals for the Working Group¹s consideration, including
>> possibly amending the Mutual Jurisdiction clause or arbitration. These were
>> noted and discussed on several Working Group calls in late 2016, prior to the
>> issuance of the Initial Report in January 2017.
>>
>> While the above summary cannot reflect the entirety or depth of Professor
>> Swaine¹s advice, staff thought it might be helpful to recall these points
>> given the question raised by Paul. The full memo was attached to the Initial
>> Report as Annex G:
>> https://gnso.icann.org/sites/default/files/file/field-file-attach/igo-ingo-cr
>> p-access-initial-19jan17-en.pdf.
>>
>> Thanks and cheers
>> Mary & Steve
>>
>>
>>
>> From: Gnso-igo-ingo-crp <gnso-igo-ingo-crp-bounces at icann.org> on behalf of
>> Paul Tattersfield <gpmgroup at gmail.com>
>> Date: Tuesday, April 24, 2018 at 10:49
>> To: "Corwin, Philip" <pcorwin at verisign.com>
>> Cc: "haforrestesq at gmail.com" <haforrestesq at gmail.com>,
>> "Donna.Austin at team.neustar" <Donna.Austin at team.neustar>,
>> "gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>,
>> "rafik.dammak at gmail.com" <rafik.dammak at gmail.com>
>> Subject: Re: [Gnso-igo-ingo-crp] GNSO Council Liaison Summary Report (Re:
>> IGO-INGO Curative Rights Policy Development Process Working Group)
>>
>>
>>
>> Dear Philip,
>>
>> In your reply to George Kirikos you stated:
>>
>> ³If it is judicial proceedings them [sic] of course an IGO's initiation of
>> process indicates an implicit waiver of judicial immunity.²
>>
>> Thank you that is helpful.
>>
>> When I asked last year that the working group consider cases where an IGO
>> could be entitled to immunity (i.e. when a TM holder seeks to secure a domain
>> name owned by an IGO) I was told by those leading the working group that this
>> scenario was not within the working group¹s charter.
>>
>> Swaine is an analysis of cases where an IGO is entitled to jurisdictional
>> immunity in judicial forums. Given you have just stated:
>>
>> ³If it is judicial proceedings them [sic] of course an IGO's initiation of
>> process indicates an implicit waiver of judicial immunity.²
>>
>> I fail to see how you can ever reconcile Swaine with ever being relevant to
>> the working group¹s final report. I don¹t doubt it was expensive and
>> interesting but if you want it to remain in the final report please can you
>> reply showing how it could be in any way considered relevant?
>>
>> Yours sincerely,
>>
>>
>> Paul
>>
>>
>>
>> On Fri, Apr 20, 2018 at 3:57 PM, Corwin, Philip <pcorwin at verisign.com
>> <mailto:pcorwin at verisign.com> > wrote:
>>>
>>> Paul:
>>>
>>> Responding in an individual capacity -- Professor Swaine¹s memo is an
>>> excellent explanation of the accepted scope of IGO judicial immunity and the
>>> varied analytical approaches that national courts take in determining the
>>> validity of IGO immunity defenses. I remain proud that we solicited this
>>> expert input on the central legal issue before the WG, and appreciative that
>>> ICANN funded the research.
>>>
>>> I am sure it will be of substantial assistance to whatever decisional body
>>> determines how best to resolve the inherent conflict between statutory
>>> rights of domain registrants and the desire of IGOs to have a means of
>>> addressing cybersquatting that does not require full surrender of valid
>>> claims to judicial immunity as a condition of bringing an action.
>>>
>>> Philip
>>>
>>> Philip S. Corwin
>>> Policy Counsel
>>> VeriSign, Inc.
>>> 12061 Bluemont Way[maps.google.com]
>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__maps.google.com_-3Fq-3
>>> D12061-2BBluemont-2BWay-2B-250D-250AReston-2C-2BVA-2B20190-26entry-3Dgmail-2
>>> 6source-3Dg&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe
>>> -idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE_Cr9toYeLCsl-trxHT_K7CdrHZ4uAVUnv5
>>> 7xOoj8&s=CoaOz-PewsfP8inMwD1N5msXqqp7rInZbzZOhQAWtCc&e=>
>>> Reston, VA 20190
>>> 703-948-4648/Direct
>>> 571-342-7489/Cell
>>>
>>> "Luck is the residue of design" -- Branch Rickey
>>>
>>> From: Paul Tattersfield [mailto:gpmgroup at gmail.com
>>> <mailto:gpmgroup at gmail.com> ]
>>> Sent: Thursday, April 19, 2018 7:32 PM
>>> To: Corwin, Philip <pcorwin at verisign.com <mailto:pcorwin at verisign.com> >
>>> Cc: icann at leap.com <mailto:icann at leap.com> ; Donna.Austin at team.neustar;
>>> haforrestesq at gmail.com <mailto:haforrestesq at gmail.com> ;
>>> gnso-igo-ingo-crp at icann.org <mailto:gnso-igo-ingo-crp at icann.org> ;
>>> rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>
>>>
>>>
>>> Subject: [EXTERNAL] Re: [Gnso-igo-ingo-crp] GNSO Council Liaison Summary
>>> Report (Re: IGO-INGO Curative Rights Policy Development Process Working
>>> Group)
>>>
>>>
>>>
>>> Dear Philip,
>>> OK lets settle this once and for all:
>>> Show me examples of where an IGO is entitled to immunity after initiating
>>> proceedings. In either the initial proceedings or any follow-on proceedings?
>>>
>>>
>>>
>>> Any jurisdiction will do, any matter will do......
>>>
>>> If you can not then Swaine is irrelevant to what the working group is
>>> considering.
>>>
>>>
>>>
>>> Yours sincerely,
>>>
>>> Paul.
>>>
>>>
>>>
>>>
>>>
>>> On Thu, Apr 19, 2018 at 1:18 PM, Corwin, Philip <pcorwin at verisign.com
>>> <mailto:pcorwin at verisign.com> > wrote:
>>>>
>>>> Paul:
>>>>
>>>> For the record, and in regard to this
>>>> The co-chairs will not refute this reasoning but are not prepared to
>>>> discuss it - this I find very troubling, not just on this single issue
>>>> level but the fact that working group officers can block its discussion for
>>>> months and months on end.
>>>>
>>>> The discussion within the WG was not blocked by the co-chairs. It was
>>>> blocked because George filed a section 3.7 Appeal at the point in time when
>>>> the co-chairs wished to initiate the consensus call process. The co-chairs
>>>> later offered to rescind holding an anonymous poll of the full WG but
>>>> George rejected that approach and continued his appeal. So far as I am
>>>> aware you supported George in these actions.
>>>>
>>>> Other than speaking with Susan in their individual capacity as WG members
>>>> the co-chairs had no control over the content of her report.
>>>>
>>>> Speaking only for myself, I do not agree with your characterization of the
>>>> Swaine memo and believe it was highly relevant to the central issue before
>>>> the WG.
>>>>
>>>> Philip
>>>>
>>>> Philip S. Corwin
>>>> Policy Counsel
>>>> VeriSign, Inc.
>>>> 12061 Bluemont Way[maps.google.com]
>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__maps.google.com_-3Fq-
>>>> 3D12061-2BBluemont-2BWay-2B-250D-250AReston-2C-2BVA-2B20190-26entry-3Dgmail
>>>> -26source-3Dg&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69
>>>> mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE_Cr9toYeLCsl-trxHT_K7CdrHZ4uAV
>>>> Unv57xOoj8&s=CoaOz-PewsfP8inMwD1N5msXqqp7rInZbzZOhQAWtCc&e=>
>>>> Reston, VA 20190
>>>> 703-948-4648/Direct
>>>> 571-342-7489/Cell
>>>>
>>>> "Luck is the residue of design" -- Branch Rickey
>>>>
>>>> From: Gnso-igo-ingo-crp [mailto:gnso-igo-ingo-crp-bounces at icann.org
>>>> <mailto:gnso-igo-ingo-crp-bounces at icann.org> ] On Behalf Of Paul
>>>> Tattersfield
>>>> Sent: Thursday, April 19, 2018 5:01 AM
>>>> To: George Kirikos <icann at leap.com <mailto:icann at leap.com> >
>>>> Cc: Donna.Austin at team.neustar <mailto:Donna.Austin at team.neustar> ; Heather
>>>> Forrest <haforrestesq at gmail.com <mailto:haforrestesq at gmail.com> >;
>>>> gnso-igo-ingo-crp at icann.org <mailto:gnso-igo-ingo-crp at icann.org> ;
>>>> rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>
>>>> Subject: [EXTERNAL] Re: [Gnso-igo-ingo-crp] GNSO Council Liaison Summary
>>>> Report (Re: IGO-INGO Curative Rights Policy Development Process Working
>>>> Group)
>>>>
>>>>
>>>>
>>>> Dear ICANN,
>>>>
>>>>
>>>> I agree with George, unfortunately I will not be able to attend the call
>>>> later today as I have another meeting half way across the country which
>>>> clashes with your call. I will listen to the call afterwards and submit any
>>>> comments to the email list, sorry for any inconvenience. Please accept my
>>>> apologies
>>>>
>>>> Briefly, I would also like to point out:
>>>>
>>>> The IGO's have accepted the principle of coexistence and as they are
>>>> initiating the proceedings they have no immunity rights whatsoever in
>>>> either the initial action or any follow on proceedings. This is an
>>>> incredibly simple legal principle and I can not find ANY jurisdiction in
>>>> the world on ANY matter not just domain names where an IGO would be
>>>> entitled to do so.
>>>>
>>>> The matter is only confused because the Swaine reasoning looked at the case
>>>> where others are initiating an action against the IGOs i.e. a trademark
>>>> owner looking to seize an IGO's asset. Clearly the expert report is not
>>>> relevant to the case the working group is considering where the IGO's are
>>>> initiating proceedings.
>>>>
>>>> The co-chairs will not refute this reasoning but are not prepared to
>>>> discuss it - this I find very troubling, not just on this single issue
>>>> level but the fact that working group officers can block its discussion for
>>>> months and months on end. I also note with some dismay that only 2 people
>>>> in the private office sessions said they were not prepared to accept any
>>>> other option than option 3 - the 2 co-chairs preferred option.
>>>>
>>>> We have an opportunity in this working group to set an example to the RPM
>>>> working group using any IGO cases to show how UDRP can be easily improved
>>>> for all parties in a way that does not tilt the balance in either side's
>>>> favour but just improves process and reduces costs for all parties and
>>>> meets the GAC's advice.
>>>>
>>>>
>>>>
>>>> It really is incredibly easy - Free private mediation and a separate
>>>> (voluntary for registrants) arbitration track. If you want more registrants
>>>> to CHOOSE arbitration simply make it cheaper, faster and less risky (name
>>>> only) than the judicial route. This could be sorted in a handful of
>>>> meetings and no interest group has lost anything!
>>>>
>>>>
>>>>
>>>> Yours sincerely,
>>>>
>>>> Paul.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> On Thu, Apr 19, 2018 at 1:38 AM, George Kirikos <icann at leap.com
>>>> <mailto:icann at leap.com> > wrote:
>>>>> Hi folks,
>>>>>
>>>>> With regards to the Summary Report which is to be discussed tomorrow,
>>>>> there are several parts of it that I disagree with, which I'll discuss
>>>>> orally tomorrow during our call. However, some parts deserve a written
>>>>> response, given that they contain supporting links (and the WebEx
>>>>> interface really sucks, compared to Adobe Connect) so it's best to
>>>>> post them in advance of the call.
>>>>>
>>>>> 1. On page 2, it's asserted that "the number of active participants is
>>>>> extremely low" (it's also repeated on page 3, i.e. "small number of
>>>>> participants' views"). However, that's not consistent with the facts.
>>>>> For example, the IRTP-D PDP, the most recently completed GNSO PDP
>>>>> according to:
>>>>>
>>>>> https://gnso.icann.org/en/group-activities/inactive[gnso.icann.org]
>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_gr
>>>>> oup-2Dactivities_inactive&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xc
>>>>> l4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE_Cr9toYeLCsl-trx
>>>>> HT_K7CdrHZ4uAVUnv57xOoj8&s=2Pum4Md0vfHMKn5AUBAH3Z-j6dHKCuF_ZhREl6ZbzXU&e=>
>>>>>
>>>>> has its attendance logs at:
>>>>>
>>>>> https://community.icann.org/display/ITPIPDWG/Attendance+Log[community.ican
>>>>> n.org]
>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_
>>>>> display_ITPIPDWG_Attendance-2BLog&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS
>>>>> 6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE_Cr9toYe
>>>>> LCsl-trxHT_K7CdrHZ4uAVUnv57xOoj8&s=SM46RS2yu2NqlCCV6jC_TqeffNSm5NO7Hrg2Z_z
>>>>> xdzw&e=>
>>>>>
>>>>> If one adds up the "total attended" column, and divide it by the total
>>>>> number of meetings, one obtains the average attendance per meeting:
>>>>>
>>>>> Sum of total attended column = 553
>>>>> Total meetings = 56
>>>>> Average = 9.88 per meeting
>>>>>
>>>>> It is of note that both the GNSO Council and the ICANN Board adopted
>>>>> their recommendations:
>>>>>
>>>>> https://gnso.icann.org/en/group-activities/active/irtp-d[gnso.icann.org]
>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_gr
>>>>> oup-2Dactivities_active_irtp-2Dd&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6
>>>>> sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE_Cr9toYeL
>>>>> Csl-trxHT_K7CdrHZ4uAVUnv57xOoj8&s=j2Zvmixa4aRhzYenT-dnA022yco2l1JnPBILd7c6
>>>>> P2A&e=>
>>>>>
>>>>> Now, let's compare this to the IGO PDP and its attendance records:
>>>>>
>>>>> https://community.icann.org/display/gnsoicrpmpdp/Attendance+Records[commun
>>>>> ity.icann.org]
>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_
>>>>> display_gnsoicrpmpdp_Attendance-2BRecords&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSV
>>>>> zgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE
>>>>> _Cr9toYeLCsl-trxHT_K7CdrHZ4uAVUnv57xOoj8&s=mwySLJqja9rtF5SFHTy4NbNmZuRg0Tz
>>>>> TEP7xPbL3BMk&e=>
>>>>>
>>>>> Sum of total attended column = 711
>>>>> Total meetings = 71
>>>>> Average = 10.01 per meeting
>>>>>
>>>>> So, there has actually been HIGHER average attendance (10.01 vs 9.88
>>>>> per meeting) in this IGO PDP, compared to the IRTP-D whose work was
>>>>> successfully completed.
>>>>>
>>>>> 2. On page 3, it's claimed that adoption of Option 4 "will require a
>>>>> Charter amendment" for that other PDP." I'm not convinced that that's
>>>>> a requirement. The RPM PDP charter is at:
>>>>>
>>>>> https://community.icann.org/display/RARPMRIAGPWG/WG+Charter?preview=3D/587
>>>>> 2=
>>>>> 9944/58730036/Charter%20for%20RPM%20PDP_final.pdf[community.icann.org]
>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_
>>>>> display_RARPMRIAGPWG_WG-2BCharter-3Fpreview-3D3D_5872-3D9944_58730036_Char
>>>>> ter-2520for-2520RPM-2520PDP-5Ffinal.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzg
>>>>> fkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=fHE_C
>>>>> r9toYeLCsl-trxHT_K7CdrHZ4uAVUnv57xOoj8&s=ps70jf_1KqUAI3uRTbpQJ4U149wbZN0CH
>>>>> dG6lKySm40&e=>
>>>>>
>>>>> and states on page 3 of the charter that:
>>>>>
>>>>> "(b) Coordination with Other Parallel Efforts
>>>>> In the course of its work, the Working Group should monitor the
>>>>> progress of and, where appropriate, coordinate with, other ICANN
>>>>> groups that are working on topics that may overlap with or
>>>>> ***otherwise provide useful input to this PDP.***
>>>>> ....
>>>>> In addition, the RPM PDP Working Group should also take into
>>>>> consideration the work/outcome of the TMCH Independent Review, the CCT
>>>>> Review, and ***any other relevant GNSO policy development***"
>>>>>
>>>>> (emphasis added)
>>>>>
>>>>> So, I think this situation was already covered by the RPM PDP's
>>>>> current charter, and doesn't need an amendment.
>>>>>
>>>>> As I mentioned earlier, there are other parts of the Summary Report I
>>>>> have concerns about, but I'll save them for tomorrow's call, as they
>>>>> don't require any links/quotes.
>>>>>
>>>>> Sincerely,
>>>>>
>>>>> George Kirikos
>>>>> 416-588-0269
>>>>> http://www.leap.com/[leap.com]
>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.leap.com_&d=DwMFa
>>>>> Q&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2
>>>>> w3xl7xb5cjS_7sB4h6Y&m=fHE_Cr9toYeLCsl-trxHT_K7CdrHZ4uAVUnv57xOoj8&s=V1eNh6
>>>>> UuyYEnssdELGy5BGrOMHYiXX7md_UYRrQBKek&e=>
>>>>>
>>>>>
>>>>>
>>>>> On Fri, Apr 13, 2018 at 11:36 AM, Mary Wong <mary.wong at icann.org
>>>>> <mailto:mary.wong at icann.org> > wrote:
>>>>>> > Dear all,
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > On behalf of Susan Kawaguchi, GNSO Council liaison to this PDP Working
>>>>>> > Group, please find attached the summary report that Susan mentions in
>>>>>> her 10
>>>>>> > April email (below). You should already have received the calendar
>>>>>> > invitation and call details for the next Working Group call, currently
>>>>>> > scheduled for next Thursday 19 April at our usual time of 1600 UTC.
>>>>>> Susan
>>>>>> > will be on the call to discuss the report and proposed next steps with
>>>>>> > everyone.
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > Thanks and cheers
>>>>>> >
>>>>>> > Mary & Steve
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > From: Susan Kawaguchi <susankpolicy at gmail.com
>>>>>> <mailto:susankpolicy at gmail.com> >
>>>>>> > Date: Tuesday, April 10, 2018 at 12:26
>>>>>> > To: "gnso-igo-ingo-crp at icann.org <mailto:gnso-igo-ingo-crp at icann.org> "
>>>>>> <gnso-igo-ingo-crp at icann.org <mailto:gnso-igo-ingo-crp at icann.org> >
>>>>>> > Cc: Heather Forrest <haforrestesq at gmail.com
>>>>>> <mailto:haforrestesq at gmail.com> >, Mary Wong
>>>>>> > <mary.wong at icann.org <mailto:mary.wong at icann.org> >, Steve Chan
>>>>>> <steve.chan at icann.org <mailto:steve.chan at icann.org> >
>>>>>> > Subject: [Ext] IGO-INGO Curative Rights Policy Development Process
>>>>>> Working
>>>>>> > Group
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > Dear IGO-INGO Curative Rights Policy Development Process Working Group
>>>>>> > members,
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > I write to update you, in my role as GNSO Council Liaison to this
>>>>>> Working
>>>>>> > Group, on the status of the WG member consultation process that was set
>>>>>> out
>>>>>> > in my email of 9 March 2018 and then actioned during ICANN61 and
>>>>>> following.
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > As envisaged in my email of 9 March, staff and I are preparing a report
>>>>>> for
>>>>>> > the Working Group on the input received at and since ICANN61, with
>>>>>> > recommendations on next steps from me and Heather Forrest, the GNSO
>>>>>> Chair.
>>>>>> > We anticipate posting the report to the WG list at the end of this
>>>>>> week, for
>>>>>> > discussion at a WG meeting to be held at the group's usual time next
>>>>>> > Thursday, 19 April. At that meeting, I will be happy to present a
>>>>>> summary of
>>>>>> > the report and its recommendations, and answer questions from WG
>>>>>> members.
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > An email from staff with call details will be circulated shortly. Bear
>>>>>> in
>>>>>> > mind that we do not have Adobe Connect, so alternate arrangements will
>>>>>> be
>>>>>> > made to support our call.
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > In the meantime, I sincerely thank you for taking the time to provide
>>>>>> me
>>>>>> > with your feedback, which contributes to the substantial work of the
>>>>>> group
>>>>>> > on this challenging policy area.
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > Kind regards,
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > Susan Kawaguchi
>>>>>> >
>>>>>> > Councilor for the Business Constituency
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>
>>>>>> > _______________________________________________
>>>>>> > Gnso-igo-ingo-crp mailing list
>>>>>> > Gnso-igo-ingo-crp at icann.org <mailto:Gnso-igo-ingo-crp at icann.org>
>>>>>> > https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
>>>>>> <https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp>
>>>>> _______________________________________________
>>>>> Gnso-igo-ingo-crp mailing list
>>>>> Gnso-igo-ingo-crp at icann.org <mailto:Gnso-igo-ingo-crp at icann.org>
>>>>> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
>>>>> <https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp>
>>>>
>>>
>>
>
> _______________________________________________ Gnso-igo-ingo-crp mailing list
> Gnso-igo-ingo-crp at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
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