[IOT] Discussion threads #3 and #4

[McAuley, David]

Becky,

This is in response to discussion threads #3 and #4.

I support allowing both hearings and cross-examination but both only in extraordinary circumstances along the lines we have been defining them these past several weeks, not as a matter of course or simple panel discretion.

Discussions surrounding the IRP in WS1 were primarily to achieve two goals: adding substantive reviews at IRPs and making IRP final decisions binding. We realized we would need to tailor new procedural rules to take these changes into account but to my recollection we largely assumed that the IRP would retain its form as simplified arbitration aimed at quick and cost-effective outcomes.

Annex 07 refers to an "efficient" IRP with a focus on "streamlined, simplified processes." Both Annex 07 and the Bylaws provide that an IRP panel work expeditiously and should endeavor to issue a decision within six months. The Bylaws also provide that the panel will make a decision based solely on the documentation, supporting materials, and arguments.

Clearly the practical equivalent of a trial was not the chosen approach and we should not move to that.

David

David McAuley
International Policy Manager
Verisign Inc.
703-948-4154

From: iot-bounces at icann.org [mailto:iot-bounces at icann.org] On Behalf Of Burr, Becky
Sent: Monday, August 22, 2016 5:21 PM
To: iot at icann.org
Subject: [IOT] discussion thread #3

Regarding telephonic or video conferences, the current draft provides:


The IRP PANEL should conduct its proceedings by electronic means to the extent feasible. Where necessary, the IRP Panel may conduct live telephonic or video conferences.

Several participants have expressed concern about this standard.  Alternative to consider "The IRP Panel may conduct live telephonic or video conferences at its discretion."




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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