[IOT] IRP IoT message post-ICANN57

[Malcolm Hutty]

On 18/11/2016 18:35, McAuley, David wrote:

> *Further clarification or supplemental rules work?*
>
> 2.       A related issue deals with considering/addressing the footnotes
> in the new supplemental rules.

I would like to put down a marker for drawing attention to footnote 14,
which simply notes that the draft text on "Time for filing" is still
under discussion and has not yet been agreed.

The last discussion on-list was prompted by Becky, who consulted the
CCWG in plenary on this issue. On the call, we only had one comment from
a CCWG member who is not part of this group, Kavouss Aresteh, who was
content with the text as proposed; David, Greg and myself, as members of
this group, spoke to our own positions too.

Following the call we had written contributions from

Mike Rodenbaugh
Milton Mueller
Paul Rosenzweig
Bradley Silver
Farzaneh Badii
Phil Corwin

all of whom disagreed with the proposed text and wanted a longer period
and/or a moving starting point (i.e. disagreeing with the subclause
that says "provided, however, that a statement of a DISPUTE may not be
filed more than twelve (12) months from the date of such action or
inaction").

I would therefore suggest that the preponderant view is that the current
text needs changing. Especially, we need to remove ICANN's ability to
stand in repose in the face of clear and ongoing facial violations of
its Mission limitation. If we introduce a timebar that permits such
ongoing violation to continue without possibility of challenge, I think
the rules of procedure themselves would be in violation of the bylaws.

I am afraid I was not able to be in Hyderabad. Was there further
discussion of this point in plenary? Did the above mentioned people
withdraw their objections?


> I believe the footnotes are carry-overs
> from the original drafting work done by Sidley-Adler. For example,
> footnote 43 involves the timing of IRP panel decisions

Footnote 43 is about cost-shifting. Did you mean a different footnote?

Kind Regards,

Malcolm.
-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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