[IOT] Possible work remaining for IOT

Tue Jul 20 16:50:36 UTC 2021

Hi David
Thank you for your thoughtful email.  I will respond in writing as a follow up, but hope we will be able to also consider these suggestions on the upcoming call.

For convenience, hopefully, I have made a very light-touch update to the short slide deck we have been using to frame the discussion on tolling - to correct a few areas of ambiguity that came up on the last call, as promised.  These are noted in red.
The updated version is attached and we can review this on the call.

Speak to those who are able to make it shortly.

Susan

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255
[cid:image001.png at 01D77D8F.BD10A920]<https://comlaude.com/>
From: IOT <iot-bounces at icann.org> On Behalf Of McAuley, David via IOT
Sent: 20 July 2021 12:20
To: 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:

     *   Subject to 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.

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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