[IOT] Proposed Questions for the Ombuds

Mon Aug 30 17:57:57 UTC 2021

Hi all

As previously discussed, we have invited Herb Waye, the ICANN Ombuds, to join us for our IRP-IOT call this week, as you will see from the agenda which Bernard has just circulated.  In order to give us a starting point for our discussion with Herb, I have put together a set of question, based on the discussions we have had on this issue on our recent calls.  I am attaching these for review and information.  It is not my intent to constrain the discussion with Herb, so if there are other questions you feel we should be asking him please do share them on the list if possible, or simply bring them up on the call.  I am hoping that we can have a productive discussion with Herb that will help inform our thinking on whether it is appropriate to toll the time for filing an IRP to allow for a complaint to the Ombuds at all and, if so, for how long.

My proposed questions are as follows:

In our consideration of what the time limit should be to bring an IRP, we are exploring how best to deal with the interplay between the IRP and other accountability mechanisms which the community have access to.  In particular, we are considering tolling the deadline for bringing an IRP for the duration of any time spent exploring other accountability mechanisms, related to the same subject matter of the dispute, in the hopes of resolving the dispute or narrowing the issues. We would like to understand the Ombuds’ views on whether it might be appropriate to toll the timing to bring an IRP for the time spent in a complaint to his office and, if so, what is a reasonable length of time:

1.      Is a complaint to the ombuds the type of complaint for which it might be appropriate to toll the time for filing an IRP?
a.      Is the Ombuds complaint process a mechanism which might be used to resolve a complaint relating to an issue that is within the scope of an IRP, or to narrow the issues in dispute?  In other words, is the Ombuds process appropriate to, and used for, complaints that ICANN Org and/or Board are acting outside of the Bylaws, or is it really restricted to resolving frictions between individuals?
b.      How common is it for complaints to be made to the Ombuds in cases where the complainant otherwise intends to pursue an IRP, or indeed, where they have actually gone on to do so?
2.      Are there any specific timings for an Ombuds complaint – i.e. time for bringing the complaint and duration of the process?  It does not appear so, but we would like to hear from the Ombuds on this:
a.      If there is no set time limit to bring a complaint, can the Ombuds give any guidance based on past experience?
b.      The Ombuds can decline to hear a complaint which is filed later than 60 days – has this happened, is this common?
c.      If the Ombuds has no specific period of time within which he should make his decision, can he give us any guidance based on past experience?  Is there an average duration for an Ombuds complaint?  Or any expected maximum duration?
d.      If we were to seek to toll the time for filing an IRP in order to allow a reasonable period of time for the complainant to make an Ombuds complaint, does the Ombuds have any views on what a reasonable period of time to allow might be?
3.      If we were to propose that time for filing an IRP should be tolled for a period of time to allow for a complaint to the Ombuds, then the complainant bringing any subsequent IRP would need to disclose the existence of the Ombuds proceedings in order to demonstrate the entitlement for tolling.  Does the Ombuds see any concerns with this?

Looking forward to speaking with you all tomorrow

Susan

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255
[cid:image001.png at 01D79DD0.F1FD59B0]<https://comlaude.com/>
From: IOT <iot-bounces at icann.org> On Behalf Of Bernard Turcotte via IOT
Sent: 30 August 2021 18:51
To: iot at icann.org
Subject: [IOT] IOT - -Agenda for IRP-IOT Meeting #75 31 August 2021 @ 19:00 UTC

IRP-IOT Meeting #75
31 August 2021 @ 19:00 UTC
Agenda

1.     Review agenda and updates to SOIs

2.     Action items from the last meeting:

a.     SE to produce draft language for repose including a safety valve as discussed.

b.     SE to look at maximum times for non-irp accountability mechanism.

3.

4.     Discussion with ICANN Ombuds.

5.     Discussion with ICANN Legal wrt times for non-irp accountability mechanisms.

6.     Matters outstanding and next steps on IRP Rules (list to follow).

7.     Next meeting – September 14, 2021, 17:00 UTC

Bernard Turcotte

ICANN support to the IOT

For

Susan Payne

Chair IOT

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