[IOT] Repose language for confirmation for public consult

Thu May 31 17:39:31 UTC 2018

Dear members of the IRP IOT:

First a brief note – I am upgrading my laptop and in the process have experienced some significant issues over the past two days that hampered my ability to get items out for the call. Sorry for lateness of some of this.

To business:

Agenda item #2 on our call today is to confirm language for repose (Time for Filing) issue to go to public comment.

I sent around a draft of a few new paragraphs (below in yellow background) to replace this paragraph (here in aqua background) from the earlier draft:

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.

I believe we are now agreed on language and this is what we will look to for confirmation. That is, to confirm the language below my signature block (including yellow background language) as what we would ask Bernie to process for public consultation.

Best regards,

David

David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154

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>.]

On the topic of the 12-month limitation to file an IRP, 13 of the 19 respondents to the public consultation commented on this with 11 having issues with this proposal and either opposed it or proposed changes.

On the topic of the 45-day aspect of the Time-for-Filing language, 11 of the 19 respondents commented on this portion of the draft and all 11 had issues with this proposal and either opposed it or proposed changes.

All material and comments relating to the public consultation on the IRP held in late 2016 is archived at https://www.icann.org/public-comments/irp-supp-procedures-2016-11-28-en

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.

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