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

Tue May 11 20:41:56 UTC 2021

Dear All, Please provide :
Full TEXT FOR ACCRONY
Pls do not take an exceptional issue like GCC as an example.That was
political issue between group of countries member of GCC and one other
country totally Political.
KAVOUSS

On Tue, May 11, 2021 at 10:34 PM Mike Rodenbaugh via IOT <iot at icann.org>
wrote:

> 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,
>> London WC1A 2HN, UK
>> *T* +44 (0) 20 7421 8250
>> *Ext* 255
>>
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>>
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>> <https://twitter.com/comlaude?lang=en>
>> <https://www.facebook.com/ComLaude/>
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