[IOT] Possible work remaining for IOT

Malcolm Hutty Malcolm at linx.net
Wed Jul 21 09:46:18 UTC 2021


Really?

From Section 4.3:

(r) ICANN shall bear all the administrative costs of maintaining the IRP mechanism, including compensation of Standing Panel members. Except as otherwise provided in Section 4.3(e)(ii), each party to an IRP proceeding shall bear its own legal expenses, except that ICANN shall bear all costs associated with a Community IRP, including the costs of all legal counsel and technical experts. Nevertheless, except with respect to a Community IRP, the IRP Panel may shift and provide for the losing party to pay administrative costs and/or fees of the prevailing party in the event it identifies the losing party's Claim or defense as frivolous or abusive.

To me, that expresses a clear rule that the costs of the IRP itself are picked up by ICANN, that Claimants other than the EC pay the cost of their own professional advice and representation, and ICANN also covers those costs for the EC.

What is ICANN’s excuse for wriggling out of this?


From: IOT <iot-bounces at icann.org> On Behalf Of Mike Rodenbaugh via IOT
Sent: 20 July 2021 19:03
To: iot at icann.org
Subject: Re: [IOT] Possible work remaining for IOT

As for other issues, I had posted an email re IRP Fees last Sept.  Now the fee is $6,750 merely to initiate an IRP at the ICDR.  I think that is an administrative fee that the Bylaws require ICANN to pay.  But ICANN denies that, and forces claimants to pay it.  I think it should cost far less to file a challenge to an ICANN decision.  Note that it costs just $400 to file a lawsuit in U.S. federal court.

Also, we should discuss when an RFR is 'summarily dismissed' by the BAMC, which has only happened very rarely in the past.  But it appears very unclear how or when such a dismissal can or must be challenged.  And so that is another scenario that needs review by this group, imho.

Thanks,
Mike

[Image removed by sender. Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>

phone:

+1 (415) 738-8087


On Tue, Jul 20, 2021 at 9:51 AM Susan Payne via IOT <iot at icann.org<mailto:iot at icann.org>> wrote:
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 01D77E1D.A220D110]<https://comlaude.com/>
From: IOT <iot-bounces at icann.org<mailto:iot-bounces at icann.org>> On Behalf Of McAuley, David via IOT
Sent: 20 July 2021 12:20
To: iot at icann.org<mailto: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  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

________________________________
The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the “Com Laude Group”) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com>
_______________________________________________
IOT mailing list
IOT at icann.org<mailto:IOT at icann.org>
https://mm.icann.org/mailman/listinfo/iot

_______________________________________________
By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mm.icann.org/pipermail/iot/attachments/20210721/64d3a31f/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD0001.jpg
Type: image/jpeg
Size: 823 bytes
Desc: ~WRD0001.jpg
URL: <https://mm.icann.org/pipermail/iot/attachments/20210721/64d3a31f/WRD0001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 6936 bytes
Desc: image001.png
URL: <https://mm.icann.org/pipermail/iot/attachments/20210721/64d3a31f/image001-0001.png>


More information about the IOT mailing list