[IOT] FW: IRP IOT calls this week - agenda and notes

Wallace, Kate kwallace at JonesDay.com
Tue Oct 9 20:16:59 UTC 2018


All,

I am writing to follow up on my comment, offered as an observer, on today’s IRP-IOT call.  My comment concerns the last paragraph of Rule 6 the Draft Interim Supplemental Procedures for ICANN IRP, which currently states:  “For any DISPUTE resulting from a decision of a process-specific expert panel that is claimed to be inconsistent with ICANN’s Articles of Incorporation or Bylaws, as specified at Bylaw Section 4.3(b)(iii)(A)(3), any person, group or entity that was previously identified as within a contention set with the CLAIMANT regarding the issue under consideration within such expert panel proceeding shall receive notice from ICANN that the INDEPENDENT REVIEW PROCESS has commenced.  ICANN shall provide notice by electronic message within two business days (calculated at ICANN’s principal place of business) of receiving notification from the ICDR that the IRP has commenced.”

Such a mandatory notice requirement may be unduly burdensome and compliance may not be feasible under certain circumstances (for example, if current contact information is not available to ICANN).  As a result, I would suggest for the group’s consideration the following revisions:

For any DISPUTE resulting from a decision of a process-specific expert panel that is claimed to be inconsistent with ICANN’s Articles of Incorporation or Bylaws, as specified at Bylaw Section 4.3(b)(iii)(A)(3), any person, group or entity that was previously identified as within a contention set with the CLAIMANT regarding the issue under consideration within such expert panel proceeding shall reasonably receive notice from ICANN that the INDEPENDENT REVIEW PROCESS has commenced.  ICANN shall undertake reasonable efforts to provide notice by electronic message within two business days (calculated at ICANN’s principal place of business) of receiving notification from the ICDR that the IRP has commenced.

Best,
Kate

Kate Wallace (bio)<http://www.jonesday.com/kwallace/>
Partner
JONES DAY® - One Firm Worldwide<http://www.jonesday.com/>℠
100 High Street
21st Floor
Boston, Massachusetts 02110-1781
Telephone:  (617) 449-6893
Email:  kwallace at jonesday.com<mailto:kwallace at jonesday.com>

From: IOT <iot-bounces at icann.org> On Behalf Of McAuley, David via IOT
Sent: Monday, October 8, 2018 7:10 AM
To: iot at icann.org
Subject: [IOT] IRP IOT calls this week - agenda and notes

Dear members of the IRP IOT,

We have two calls scheduled this week – one Tuesday Oct. 9th at 19:00 UTC and another Thursday Oct. 11th at 19:00 UTC. Both are scheduled for 60 minutes duration.

The agenda for the calls (following admin/SOI) is to address interim rules of procedure and do our best to get through them in order to present them to the Board for use as interim rules of procedure pending final rules which will require a bit more work.

We will then turn to consider the issue of repose.

In order to issue interim rules of procedure we will use the clean version of the documents Bernie sent Friday. Those rules show the ‘time-for-filing’ (Rule 4) as still containing a second ‘overall’ time period of twelve months within which a claim must be filed or else lost. We will need to come up with a footnote to that aspect of the time for filing rules that effectively creates a safe-harbor such that a claimant is not timed-out by that particular aspect of the rule until the final rules are issued, at which time whatever those final rules put into effect would take effect.

We should also address any comments/concerns with plans I suggested in my mail<https://mm.icann.org/pipermail/iot/2018-September/000435.html> to the IOT of Sept. 24th.

Also, as you know I have periodically given updates on our behalf on IOT work to various groups at ICANN meetings. That will continue at ICANN 63 – Bernie will send the slides around – please note by Thursday if you have any concerns about the slides.

If you are unable to attend the calls, please post any comments you have on the interim rules on list by 24:59 UTC Wednesday Oct. 10th.

Best regards,
David

David McAuley
Sr International Policy & Business Development Manager
Verisign Inc.
703-948-4154

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