[IOT] Discussion thread #1

[Burr, Becky]

Ok, I'll review what you sent and recirculate

Sent from my iPad

> On Aug 23, 2016, at 8:05 AM, avri doria <avri at acm.org> wrote:
> 
> Hi,
> 
> I understand the risk, that is why the wording I offered was  so
> constrained.  But if it comes to matter of justice under rights under
> the new Articles and bylaws, it seems wrong not to allow these
> complainants to argue the relevance of the update Articles and ByLaws.
> 
> This wording seems less constraining than the wording I offered since I
> was trying to argue that it had to rest on the "the case as presented". 
> This seems to leave open the chance of submitting new elements.
> 
> thanks
> 
> avri
> 
> 
>> On 22-Aug-16 16:37, Burr, Becky wrote:
>> 
>> 
>> The current draft states:
>> 
>>    IRPs commenced prior to the adoption of these Updated
>>    Supplementary Procedures shall be governed by the Supplementary
>>    Procedures in effect at the time such IRPs were commenced. 
>> 
>> In other words, if you filed an IRP before these new rules get adopted
>> on October 1, you continue to operate under the existing supplementary
>> rules and note the updated supplementary rules.  Several people have
>> expressed disagreement with that principle, and Avri has suggested
>> adding language along the lines below (I have tweaked it slightly):
>> 
>>    [unless the IRP Panel determines that the party requesting
>>    application of the Updated Supplementary has demonstrated that
>>    application of the former Supplementary Procedures would be unjust
>>    and impracticable to the requesting party and application of the
>>    Updated Supplementary Rules would not materially disadvantage any
>>    other party’s substantive rights.  Any party to a then-pending IRP
>>    may oppose the request for application of the Updated
>>    Supplementary Procedures.  Requests to apply the Updated
>>    Supplementary Procedures will be resolved by the IRP PANEL in its
>>    discretion]
>> 
>> This is a difficult and important issue.  Most importantly, we need to
>> understand and address the impact that this change would have on IRPs
>> that are ongoing as of October 1 2016.  Would a claimant be entitled
>> to essentially re-start the process to take advantage of a changed
>> page limitation or the updated standard of review, even if a hearing
>> has taken place and the only remaining step is for the Panel to issue
>> a declaration?  What about those who are close to the end of the
>> process and want to go back and move to have an in person hearing?
>> Could this be limited in some way? ICANN thinks that needs to be a
>> bright line between IRPs filed under the old Bylaws/old procedures,
>> and the IRPs filed under the new Bylaws/new procedures. 
>> 
>> Also, since this is retroactive and would impact IRPs filed under the
>> old rules, query whether this is within the scope of our remit.
>> 
>> 
>> 
>> 
>> 
>> 
>> *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>
>> 
>> 
>> 
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