[IOT] Summary Discussion thread #4 - please review and respond.

[Burr, Becky]

David McAuley has weighed in to support application of the “extraordinary circumstances” test to BOTH the question of whether or not an in-person hearing is held AND to whether cross examination is permitted.  I know others have different views but not hearing them yet on these emails.

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>

From: <Burr>, Becky Burr <becky.burr at neustar.biz<mailto:becky.burr at neustar.biz>>
Date: Monday, August 22, 2016 at 5:33 PM
To: "iot at icann.org<mailto:iot at icann.org>" <iot at icann.org<mailto:iot at icann.org>>
Subject: [IOT] Discussion thread #4 (and the last one!)



The current draft provides:

"All hearings shall be limited to argument only."

This would generally prohibit cross examination of witnesses.  There appear to be a number of views among the IOT.  Several members think that cross examination of witnesses should be permitted as a matter of course, assuming in the case of F2F hearings, that the extraordinary circumstances standard has been met.  In that case, all we need do is drop the language above.

Others think that cross-examination should be permitted on a case-by-case basis and only where the requesting party demonstrates that the requested cross-examination would meet the 3 part test for “extraordinary circumstances.”  The following language would accomplish that

[unless the IRP Panel determines that the party seeking cross examination of [a] witness[es] has demonstrated that such cross examination is: (1) necessary for a fair resolution of the claim; (2) necessary to further the PURPOSES OF THE IRP; and (3) considerations of fairness and furtherance of the PURPOSES OF THE IRP outweigh the time and financial expense of witness cross examination.]

ICANN continues to have serious concerns about the cost and delay associated with cross examination of witnesses.
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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