[IOT] Possible work remaining for IOT
Nigel Roberts
nigel.roberts at board.icann.org
Tue Jul 20 16:02:15 UTC 2021
I will also be an apology for todays meeting due to a clash.
On 20/07/2021 14:42, Flip Petillion via IOT wrote:
> All :
>
> I’ll not be able to join you today. But I will listen to the recording.
> Best
>
> Flip
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> Flip Petillion
>
> fpetillion at petillion.law <mailto:fpetillion at petillion.law>
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> +32484652653
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> www.petillion.law
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>
>
> id:image001.png at 01D3691D.DA7539C0 <https://www.petillion.law/>
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> Attorneys – Advocaten – Avocats
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> *From: *IOT <iot-bounces at icann.org> on behalf of "McAuley, David via
> IOT" <iot at icann.org>
> *Reply to: *"McAuley, David" <dmcauley at Verisign.com>
> *Date: *Tuesday, 20 July 2021 at 13:20
> *To: *"iot at icann.org" <iot at icann.org>
> *Subject: *[IOT] Possible work remaining for IOT
>
>
>
> Dear IOT colleagues,
>
>
>
> Susan asked us to note any work items that we think remain to be done.
> In my personal opinion, these are possible tasks remaining beyond those
> mentioned by Susan on the last call:
>
>
>
> * To develop a recall process relating to members of the standing
> panel – see Bylaw 4.3(j)(iii);
>
>
>
> * To consider the development of additional independence requirements
> for members of the standing panel, including term limits and
> restrictions on post-term appointment to other ICANN positions – see
> Bylaw 4.3(q)(i)(B) on conflicts of interests of members of the
> standing panel;
>
>
>
> * Do we want to establish ‘limitations’ on appeals? – see Bylaw 4.3(w)
> which states:
>
>
>
> o */Subjectto any limitations established through the Rules of
> Procedure, an IRP Panel decision may be appealed to the full
> Standing Panel sitting en banc within sixty (60) days of
> issuance of such decision./*
>
> / /
>
> o One possible limitation which I think we may want to consider is
> whether non-binding IRPs (see Bylaw 4.3(x)(iv)) should be appealable. //
>
>
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> o Additionally, in this respect, is it within our remit to consider
> whether non-binding IRPs should constitute precedent? //
>
> / /
>
> * Is there ambiguity regarding a standing panel’s ability to
> ‘adjudicate’ a stay of ICANN action or just to ‘recommend’ a stay?
> See Bylaws 4.3(o) and 4.3(p). If there is ambiguity, is there
> anything within our remit to help clarify? //
>
> / /
>
> * Finally, with respect to the Rule 4 (Time for Filing) issue that we
> are currently discussing, should we clarify that the rule we
> eventually develop is either an affirmative defense that ICANN can
> raise, or not, as it sees fit or, alternatively, a firm matter of
> standing that the panel should invoke on its own without exemption,
> subject only to the savings language that Sam and Liz are working on?
>
> Best regards,
>
> David
>
>
>
> David McAuley
>
> Sr International Policy & Business Development Manager
>
> Verisign Inc.
>
> 703-948-4154
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>
>
>
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