[IOT] Possible work remaining for IOT

Wed Jul 21 23:31:42 UTC 2021

Really.  Perhaps ICANN wants to try to explain it to this group...

I requested ICANN to pay that fee in the .hotel IRP, they refused.  I asked
the so-called Emergency Panelist to require ICANN to pay it, he refused
(subject to review by the full IRP panel, just recently appointed).  I will
continue to ask....

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087

On Wed, Jul 21, 2021 at 2:46 AM Malcolm Hutty <Malcolm at linx.net> wrote:

> 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: Image removed by sender. Logo]
>
> *Mike Rodenbaugh*
>
> *address:*
>
> 548 Market Street, Box 55819
>
> San Francisco, CA 94104
>
> *email:*
>
> 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> 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
> <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:
>
>
>
> 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
>
>
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