[IOT] Status update

[McAuley, David]

Dear members of the IRP IOT:

We have a call on Thursday, May 25, at 19:00 UTC - I will send an agenda by Wednesday - probably sooner.

(FYI - we have two further calls scheduled after next Thursday and prior to ICANN 59 - they are on Tuesday June 6, and Thursday June 15.)

We need to wrap issues on the supplementary procedures to get that part of our work finished. Here is where we stand:

First Reading Done:

********* Joinder issue - see 1-slide PPT attached (IRP IOT Joinder ...)

Ready for First Reading agreement:

********* Retroactivity; and



********* Standing (Materially Affected) - see 2-slide PPT attached (IRP IOT First Reading May 25 ...).

Ready for discussion (potential for First Reading):

********* Challenges to Consensus Policies -see my email<http://mm.icann.org/pipermail/iot/2017-May/000213.html> of May 9. That email gives background and then in that email I made these recommendations:

I recommend that we create a mandatory right of intervention for the SO whose policy is under challenge. And I recommend that we treat it along the lines I recommended for other Joinder issues, specifically as follows:

********* That such SO receive notice from a claimant of the full Notice of IRP and Request for IRP (including copies of all related, filed documents) contemporaneously with the claimant serving those documents on ICANN; and



********* That such SO have a right to intervene in the IRP. How that right shall be exercised shall be up to the PROCEDURES OFFICER, who may allow such intervention through granting IRP-party status or by allowing such SO to file amicus brief(s), as the PROCEDURES OFFICER determines in his/her discretion. No interim relief or settlement of the IRP can be made without allowing those given amicus status a chance to file an amicus brief on the requested relief or terms of settlement.





********* I therefore suggest we stop short of providing such notice to SGs, WG Chairs and community members, and "those who helped create the consensus policy and those whose interests are represented in/affected by it."





********* I do not see the need to limit what a panel can do with respect to challenges to consensus policy inasmuch as bylaw section 4.3(o) seems well suited to address the matter.

 Compromise approach floated, possible First Reading agreement:

********* Panel conflict of interest topic:



o   See slides 3 and 4 of the attachment to my email<http://mm.icann.org/pipermail/iot/2017-May/000224.html> of May 12.



o   Remaining differences over whether standing panel members are limited to one five-year term or can serve another. A potential compromise exists around the notion of "automatic" renewal for one additional term with some intervention by SOs/ACs (1) if the panelist is deemed ineffective (?) or (2) based on grounds used for removal (?). We need to flesh this out - please give this some thought.



Please also look at the sign-up sheet and consider volunteering to lead on an issue discussion: https://docs.google.com/spreadsheets/d/1Hi_HgvrfsT33p5mfYWT4-x-uhEoy9nCK8owX5uTKC0U/edit?ts=591dda09#gid=0



David

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