[IOT] IRP IoT message post-ICANN57

[Burr, Becky]

Thanks Malcolm.  

FWIW, I think there is a parsing problem, not a fundamental disconnect
here.  

"A CLAIMANT shall file a written statement of a DISPUTE with the ICDR no
more than 45 days after a CLAIMANT becomes aware of the
material affect of the action or inaction giving rise to the DISPUTE;
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.²


I think this means that the 45 day period runs from the time ICANN
interprets or applies a policy in a way that violates the bylaws and
materially affects a specific individual/entity - but ONLY with respect to
that individual/entity, only with respect that that particular application
of the policy.  This has no relation to 45 days from the time the policy
is adopted - because no one can be materially affected until the policy is
applied.  The ³action or inaction² that gives rise to the dispute can¹t
actually occur until the policy is applied in a manner inconsistent with
the Bylaws that materially affects someone, giving them standing.  And
every time ICANN applies the policy in violation of the bylaws, the 45 day
period runs anew with respect to the specific individual/entity.  And, in
the event that the policy is applied to an individual/entity in a manner
that violates the bylaws, but the individual/entity doesn¹t become aware
that he/she/it has been materially affected, he/she/it has a full year to
file.

My point is just to remind folks that the period only commences with
respect to a specific individual/entity when a policy is applied to that
individual/entity in a manner that violates the bylaws.  It does NOT
create a bar on any one else who is subsequently materially affected by an
interpretation/application of a policy in violation of ICANN¹s bylaws.

I understand that the 45 days may strike people as too short a time -
that¹s a separate matter worthy of discussion.  On that point, I would
just note that entering into CEP tolls the 45 day deadline.  Which is why
IRPs are routinely filed many months an individual/entity has actually
been materially affected by an ICANN action/inaction.




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>




On 11/21/16, 4:35 PM, "Malcolm Hutty" <malcolm at linx.net> wrote:

>On 21/11/2016 19:02, Burr, Becky wrote:
>> Malcolm - I seem to have missed the written contributions following our
>> plenary calls in September and October.  Can you point me in the right
>> direction please?
>
>My pleasure. It's the thread "Time limits on mission challenges" in
>September, available here:
>
>https://urldefense.proofpoint.com/v2/url?u=http-3A__mm.icann.org_pipermail
>_accountability-2Dcross-2Dcommunity_2016-2DSeptember_thread.html&d=DgICaQ&
>c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=4
>tChMN48ks5EvQ0tsQze6-tqy9ZlvxT81GmDJIH7ld4&s=ONx5OOnteEauZfQ-ofnVmObQKjZNp
>EPbiK5XPm-buvc&e= 
>
>and started by Milton with this message:
>
>https://urldefense.proofpoint.com/v2/url?u=http-3A__mm.icann.org_pipermail
>_accountability-2Dcross-2Dcommunity_2016-2DSeptember_013275.html&d=DgICaQ&
>c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=4
>tChMN48ks5EvQ0tsQze6-tqy9ZlvxT81GmDJIH7ld4&s=5EQ4umRmUzIF2YHUfJET3JRmdXGl8
>Ln6dalQRCnyfoU&e= 
>
>I omitted to mention Chris LaHatte, who also contributed. I'll leave it
>to you to decide whether his contribution was intended as further
>support for changing this text, or merely as a neutral information point
>consistent with doing so.
>
>Kind Regards,
>
>Malcolm.
>-- 
>            Malcolm Hutty | tel: +44 20 7645 3523
>   Head of Public Affairs | Read the LINX Public Affairs blog
> London Internet Exchange |
>https://urldefense.proofpoint.com/v2/url?u=http-3A__publicaffairs.linx.net
>_&d=DgICaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8W
>DDkMr4k&m=4tChMN48ks5EvQ0tsQze6-tqy9ZlvxT81GmDJIH7ld4&s=sQphU2R1uBPpABbXiR
>ANHPdbdbRcTys_UQ3OgpnZOWk&e=
>
>                 London Internet Exchange Ltd
>           Monument Place, 24 Monument Street London EC3R 8AJ
>
>         Company Registered in England No. 3137929
>       Trinity Court, Trinity Street, Peterborough PE1 1DA

-------------- next part --------------
A non-text attachment was scrubbed...
Name: default.xml
Type: application/xml
Size: 3083 bytes
Desc: default.xml
URL: <http://mm.icann.org/pipermail/iot/attachments/20161121/0f3ea9fb/default.xml>