[IOT] IRP IOT call on Thursday, May 24, 19:00 UTC

Tue May 22 13:46:03 UTC 2018

Dear members of the IRP-IOT,

Next call: We have a call scheduled this Thursday, May 24, at 19:00 UTC.  The agenda is below.

Background: We will continue discussions around the two-bucket approach to rules with a view toward getting rules released to the board and then the community where we are in agreement.

As you will recall, for our teleconference on May 10 Sam Eisner and Liz Le had emailed<https://mm.icann.org/pipermail/iot/2018-May/000390.html> a draft they did of a redlined version of the original draft supplementary procedures that we had created. On that call they agreed to do some clarification in light of our discussions May 10 and also to further clarify their requests for additional wording on joinder and translations.

And we also noted that the proposed language on the 'repose' issue (Rule 4 - Time for Filing) would be prepared for submission to public comment. I have taken a stab at the substance of such language and set it out below. It is intended to apprise the public about the change suggested for Rule 4 - it would still have to have some administrative 'submission for public comment' language wrapped around it and Bernie can help provide that.  Let's do this issue first after Admin and SOIs.

And also on the call let's see if we can agree to a rule on Elements and perhaps on Types of Hearings.  I will send a note about those prior to the call.

Agenda:

1.      Admin; SOIs

2.      Repose language for public comment;

3.      Sam/Liz Redline proposal with clarifications;

4.      Elements/Types of Hearings;

5.      AOB.

Draft Language for public comment on Time for Filing rule (repose):

Updated Supplementary Procedures for the Independent Review Process (IRP) were submitted<https://www.icann.org/public-comments/irp-supp-procedures-2016-11-28-en> for public comment on Nov. 28, 2016. The comment period closed on Feb. 1, 2017, and the staff report on the public comments was issued<https://www.icann.org/en/system/files/files/report-comments-irp-supp-procedures-02aug17-en.pdf> on August 2, 2017. The public comments submitted are available here<https://forum.icann.org/lists/comments-irp-supp-procedures-28nov16/>.

A number of public comments focused on Updated Supplementary Procedure #4, Time for Filing. That rule as proposed by the IRP Implementation Oversight Team (IOT), said this:

4. Time for Filing

An INDEPENDENT REVIEW is commenced when CLAIMANT files a written statement of a DISPUTE. 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.

In order for an IRP to be deemed to have been timely filed, all fees must be paid to the ICDR within three business days (as measured by the ICDR) of the filing of the request with the ICDR.

[Footnotes 14 and 15 omitted - they are available here<https://www.icann.org/en/system/files/files/draft-irp-supp-procedures-31oct16-en.pdf>.]

It appeared to the IRP IOT that while there was qualified support expressed for this kind of time limitation, there was more criticism of it as unfair and unduly restrictive.

Following its deliberations, the IRP IOT proposes amending its original Updated Supplementary Procedure #4, Time for Filing, in its entirety, to say as follows:

4. Time for Filing

An INDEPENDENT REVIEW is commenced when CLAIMANT files a written statement of a DISPUTE. A CLAIMANT shall file a written statement of a DISPUTE with the ICDR no more than 120 days after a CLAIMANT becomes aware, or ought reasonably to have been aware, of the material affect of the action or inaction giving rise to the DISPUTE.

In order for an IRP to be deemed to have been timely filed, all fees must be paid to the ICDR within three business days (as measured by the ICDR) of the filing of the request with the ICDR.

Best regards,

David

David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154

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