[IOT] [CORRESPONDENCE] Cherine Chalaby to David McAuley - Interim Supplementary Rules for the IRP

[Malcolm Hutty]

Dear David,

When you write to Cherine saying:

> Members of the IOT were informed of the rules-drafts along the way and
> no objections were received by the appointed time.

that is not a fair and frank report.

When Rule 4 was read into the record in our meeting on 9th October, I
restated that I held the position that the provision on time for filing
is inconsistent with the bylaws, that I did not resile from that
position, and that I reserved the right to dispute the compatibility of
this provision with the bylaws by any means available.

Robin Gross also commented in the chat room "I agree with Malcolm, for
the record".

The transcript reflects this.

I have no objection to Interim Rules going ahead once the incompatible
subclause is severed.

I would be grateful if you would clarify your report to Cherine,

Sincerely,

Malcolm Hutty.

On 23/10/2018 15:07, McAuley, David via IOT wrote:
> Cherine Chalaby
> 
> Chair
> 
> Internet Corporation for Assigned Numbers and Names (ICANN)
> 
>  
> 
> Cc: IOT email list
> 
> 23rd October 2018
> 
> Re: Draft Interim Supplementary Rules for IRP
> 
>  
> 
> Dear Cherine,
> 
>  
> 
> As Chair of the IOT, I was surprised to read that such concerns have
> come to the board’s attention. I had not previously heard of that.
> 
>  
> 
> The IOT has discussed the ‘Time-for-Filing’ rule for a very long time
> and, while we have not yet reached agreement on a final rule, I believe
> the IOT did reach consensus on the interim rule. I recognize that one
> member, among others, has expressed concerns over the 12-month overall
> time for filing limitation in the rules. And I understand that it is
> this rule that is the source of the concerns you mentioned.
> 
>  
> 
> Recently, as referenced above, the IOT discussed the possibility to send
> to the board for adoption an “interim” set of rules that could be in
> place while the IOT continues work to finalize the rules. We discussed
> the further possibility that the ICANN 63 board meeting might be a time
> to achieve this. We viewed it as important to get a workable set of
> rules in place, even if on only an interim basis.
> 
>  
> 
> I note the IOT’s inclusion of language that specifically identifies the
> Time-for-Filing rule as not yet final and notes that transition language
> will be put in place to avoid prejudice to potential claimants if the
> final rule allows for additional time to file.   
> 
>  
> 
> Members of the IOT were informed of the rules-drafts along the way and
> no objections were received by the appointed time.
> 
>  
> 
> In my opinion we have properly approved and forwarded the interim rules
> as received by the board in the past few days, and I encourage the Board
> to consider and approve them this week.
> 
>  
> 
> I add that the IOT will take up finalizing the supplementary rules as
> its next agenda item, and that work will not be prejudiced by the
> approval of the interim rules.
> 
>  
> 
> Sincerely,
> 
> David McAuley
> 
> Chair, IRP-IOT
> 
>  
> 
> *From:*Wendy Profit <wendy.profit at icann.org>
> *Sent:* Tuesday, October 23, 2018 5:51 AM
> *To:* McAuley, David <dmcauley at verisign.com>
> *Cc:* Cherine Chalaby <cherine.chalaby at board.icann.org>; Secretary
> <secretary at icann.org>; Correspondence <Correspondence at icann.org>; Board
> Ops Team <board-ops-team at icann.org>
> *Subject:* [EXTERNAL] [CORRESPONDENCE] Cherine Chalaby to David McAuley
> - Interim Supplementary Rules for the IRP
> 
>  
> 
> Dear David McAuley,
> 
>  
> 
> Please find the attached letter from Cherine Chalaby regarding Interim
> Supplementary Rules for the IRP. You may expect the letter to be posted
> shortly to the ICANN Correspondence page: 
> https://www.icann.org/resources/pages/correspondence.
> 
>  
> 
> Thank you,
> 
>  
> 
> Wendy Profit
> 
> ICANN – Senior Manager, Board Operations
> 
> 12025 Waterfront Drive, Suite 300
> 
> Los Angeles, CA 90094
> 
>  
> 
>  
> 
> 
> 
> _______________________________________________
> IOT mailing list
> IOT at icann.org
> https://mm.icann.org/mailman/listinfo/iot
> 


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            Malcolm Hutty | tel: +44 20 7645 3523
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