[IOT] IRP-IOT: Timing of other accountability mechanisms

Tue May 11 20:33:21 UTC 2021

ICANN just closed a CEP with my client that had lasted more than seven
years, re .GCC.  And not a single issue was narrowed or eliminated.  So
yes, the CEP Rules (circa 2013) really need a review.

Another client just had an RFR '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.

[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 Tue, May 11, 2021 at 9:27 AM Susan Payne via IOT <iot at icann.org> wrote:

>
>
> Dear IOT members
>
>
>
> On our last call we discussed the possible other accountability measures
> which it might be appropriate to toll IRP time limits for, and agreed it
> would be helpful to have a clearer picture of the time these processes
> take.  The below is my best assessment – hopefully Sam or Liz will correct
> me if I have this wrong, but in any event there are various timings
> expressed as “where possible” and some steps with no clear time limit that
> I can find, giving rise to an overall lack a clear outer time
> limit/duration.
>
>
>
> I hope this is a useful background to keep in mind when we are considering
> tolling.  Bearing all of this in mind, perhaps the simplest approach in
> order to toll for the time taken by these other accountability mechanisms,
> if the group agree this is appropriate, would be to have the time to bring
> an IRP start to run from the publication of the final decision on any of
> these mechanisms, where brought, or, in the case of CEP, the date that one
> party notifies the other in writing that they consider the CEP is at an end:
>
>
>
> *Request for Reconsideration*
>
>
>
> *Action*
>
> *Bylaws timing*
>
> Filing of request
>
> 30 days from action/decision etc
>
> Review by BAMC; sent to Ombuds
>
> ?
>
> Ombuds to recuse or respond
>
> 15 days
>
> BAMC decision
>
> 30-90 days, where possible
>
> Requestor rebuttal
>
> 15 days
>
> Board decision
>
> 45 days
>
> *135 days from receipt of RFR by BAMC*
>
>
>
> Many of these timings are “where possible” and so there is a degree of
> flexibility, however the Board decision within 135 days of receipt of the
> RFR is expressed as “shall”.
>
> Clearly a complainant who pursues an RFR would be very likely not to know
> the final outcome within the 120 days assigned for filing an IRP.
>
>
>
> *Cooperative Engagement Process*
>
>
>
> *Action*
>
> *Timing in current process document*
>
> Initiate
>
> 15 days of minutes
>
> Icann appoint rep
>
> 2 days
>
> Initial telephone conference
>
> 3 days
>
> Follow up meeting
>
> 7 days
>
> Parties can agree to extend discussions
>
> ?
>
> IRP filing deadline tolled
>
> 15 days, unless parties agree differently
>
>
>
> These timings come from the CEP process document, which is based on the
> former Bylaws process and so does need to be reviewed and redrafted.
>
>
>
> In practice,  think anyone engaged in a CEP would confirm the process took
> significantly longer than 15 days.  Often many months.
>
>
>
> *DIDP*
>
>
>
> *Action *
>
> *Timing in policy*
>
> Submission
>
> No specific time limit
>
> ICANN response where possible
>
> 30 days
>
>
>
> *Ombuds*
>
>
>
> *Action*
>
> *Timing in Ombuds Framework*
>
> Complaint
>
> 60 days - Discretion to refuse if over 60 days from the act
>
> Ombuds investigation and draft report
>
> ?
>
> Response to draft report by complained-about body
>
> 30 days where possible
>
>
>
> There was a question about whether the Ombuds has jurisdiction.  According
> to the Framework
> <https://www.icann.org/en/system/files/files/ombudsman-framework-26mar09-en.pdf>,
> they do:
>
> “The ICANN Ombudsman will receive and have jurisdiction over complaints of
> unfairness concerning: • Decisions, actions, or inactions by one or more
> members of ICANN staff; • Decisions, actions, or inactions by the Board of
> Directors that may be inconsistent with the Articles of Incorporation or
> the Bylaws. • Decisions, actions, or inactions by constituent bodies”.
>
>
>
> Susan Payne
> Head of Legal Policy
>
> <https://comlaude.com/>
>
> 28-30 Little Russell Street,
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>
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>
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> <https://www.facebook.com/ComLaude/>
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