[IOT] Proposed Revisions to Rule 4

Susan Payne susan.payne at comlaude.com
Tue Sep 21 16:11:57 UTC 2021


Thanks Liz.  Given that not all members may have had the opportunity to review this wording by the time of our call, I think we should postpone substantive discussion to next week’s call – and of course on the email list.  It would be helpful if you are able to introduce this language and talk us thorough it under agenda item 2, however.

Many thanks
Susan

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255

[cid:image001.png at 01D7AF0B.C7689560]<https://comlaude.com/>
From: IOT <iot-bounces at icann.org> On Behalf Of Liz Le via IOT
Sent: 21 September 2021 15:28
To: iot at icann.org
Subject: [IOT] Proposed Revisions to Rule 4

Dear IOT members,

In follow up to ICANN org’s pending action item to draft proposed revisions to Rule 4: Time for Filing to provide a proposed “release valve” for late filings, we are presenting the attached draft for the IOT’s consideration.  As anticipated, this draft retains the 120 days deadline and notes that the current 12 month outer deadline for filing is under discussion.  In addition, the proposed revisions also provide the criteria under which a party may file a statement of a dispute after the deadline to file has expire, including allowances for when the claimant could not have been aware earlier, or in situations where extraordinary circumstances beyond the control of the claimant kept it from filing in a timely manner.  The proposed revision also includes an external limit of four years from the date of action for all filings.  ICANN org proposes this, as experience has documented that outcomes of IRPs could impact contracts, and there is a four year statute of limitations on breach of contract claims within California.  Limiting the ability to file an IRP within that window still provides more time for being able to hold ICANN accountable, even in extraordinary circumstances, while balancing against statutory limitations that could be impacted. We are also attaching a redline comparison of the proposed revisions to the current Rule 4.

We look forward to discussing this on today’s call.

Best regards,
Liz

----
Elizabeth D. Le
Associate General Counsel | ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
elizabeth.le at icann.org<mailto:elizabeth.le at icann.org>

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