[IOT] IRP IOT call reminder AND Joinder issue text

McAuley, David dmcauley at verisign.com
Fri Dec 1 19:18:31 UTC 2017


Dear members of the IRP IOT:



Reminder - we have next call on Thursday, Dec, 7th, at 19:00 UTC. Please double-check that time in case you are located where a daylight savings time change has taken place.



I will send an agenda by Tuesday and will be sending some issue-specific emails in the interim as well.



In this email I also address the Joinder issue we have been discussing. On our last call on Nov. 14th, Liz le of ICANN Legal suggested a tweak to the language we have been focusing on and she promised to send along drat text in that respect.



Here is what Liz has proposed:



1.            If the person or entity participated in the underlying proceeding, (s)he/it/they receive notice.



1.A.        If the person or entity satisfies (1.), above, then (s)he/it/they have a right to intervene in the IRP.



1.A.i.      BUT, (s)he/it/they may only intervene as a party if they satisfy the standing requirement set forth in the Bylaws.



1.A.ii.     If the standing requirement is not satisfied, then (s)he/it/they may intervene as an amicus.



2.            For any person or entity that did not participate in the underlying proceeding, (s)he/it/they may intervene as a party if they satisfy the standing requirement set forth in the Bylaws.



2.A.        If the standing requirement is not satisfied, the persons described in (2.), above, may intervene as an amicus if the Procedures Officer determines, in her/his discretion, that the entity has a material interest at stake directly relating to the injury or harm that is claimed by the Claimant to have been directly and causally connected to the alleged violation at issue in the Dispute.

I personally (not as IOT lead) find this acceptable and encourage each of you to consider it. If you object, or have comments, please come on list by Dec. 7th or join the call to make your points. This is drawing to a completed second reading at the Dec. 7th call.



For changes to text I ask for specific language proposals, not just observations. We are entering the home stretch on these public comments to the draft supplementary procedures and we need specific text to consider.



Many thanks to all.

David



David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154



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