[IOT] Thoughts following yesterday's IRP team call

[McAuley, David]

I want to mention here on the list several items that we were unable to get to on yesterday's call, possibly helping to move these along in future call(s). These comments are based on Updated Supplementary Procedures draft of July 26.

First, with respect to "Time for Filing" (paragraph 4) - I strongly support the notion expressed in footnote 18 that in order for a filing to be considered "timely" full payment of fees must take place within three business days.

Second, I suggest the last paragraph of "5. Conduct of the Independent Review" be changed to add this underlined (new) wording as an introduction: "Subject to Bylaw Section 4.3(s), the IRP Panel retains responsibility for determining the timetable for the IRP proceeding."

FYI - Bylaw Section 4.3(s) provides:

An IRP Panel should complete an IRP proceeding expeditiously, issuing an early scheduling order and its written decision no later than six months after the filing of the Claim, except as otherwise permitted under the Rules of Procedure. For the avoidance of doubt, an IRP Panel's failure to issue a written decision within six months after the filing of a Claim shall not be grounds for another Claim.

Third, with respect to  "10. Interim Measures of protection" - is it clear that emergency relief in this paragraph is not an ex parte proceeding or do we need to make it explicit that both parties will be heard on such an application, even if a temporary grant of interim relief is granted on short notice?

Fourth, with respect to "14. Appeal of IRP Panel Decision" - does it make sense to exclude from the en banc panel the three members who issued the decision under appeal? I can see arguments both ways and am personally inclined to think the original panelists should be included in an en banc appeal - like judges they have the presumed faculty to reconsider an earlier ruling. Why should the prevailing party at the initial IRP proceeding lose the advantage of persuasion that it won below?

Best regards,

David

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