[IOT] Proposed final draft of Rule 4

Mon Aug 29 17:49:29 UTC 2022

Dear IOT working group

Please find attached the proposed final draft of Rule 4, which reflects my understanding, as chair of the group, of the consensus that we have reached. This designation of consensus recognises that we do not have full consensus, since Malcolm, in particular, has expressed his opposition to there being any period of repose. During our call on 30 August I will run through how we reached this proposed final draft and the proposed next steps to ensure there is no misunderstanding.

If any members of the group oppose this text going forward as our consensus position, they are asked to formally express their objection by 8 September.

As previously discussed, the intent is that the proposed updated IRP rules will be put out to public comment and that once any community input has been considered and addressed (as appropriate) the final text of the rules to be adopted by the Board will be prepared by ICANN Legal, for review by this group.  There will be further opportunity, therefore, to pick up issues of drafting, if necessary. Before the final version is sent to the Board for approval there will also be an opportunity for any member who does not agree with the consensus to produce a dissenting opinion document presenting their arguments, per the WS2 rules, so this can be included in the report to the Board.

On our last call it was agreed that I would make some amendments to the text previously circulated for clarity, including to change the references to "seeking leave".  Please note, therefore, that I have made the following changes, none of which are intended to be of substance:

  *   Changed references to "seeking leave" to "applying for permission"
  *   Where there was text referring to an application for permission to file a written statement of dispute under Rule 4C I have made it clear that this is an application for permission to file late
  *   Removed the superfluous "in response" from the end of paragraph E
  *   Included the relevant Bylaws references
  *   Removed the square brackets around the reference to 4 years in paragraph D.  Although one member of our group favours a shorter period of time in this paragraph, this has not received support from the wider group over a number of calls
  *   Where a reference in one paragraph is to another paragraph I have spelled this out, for example changing "(C)" to "Rule 4C"
  *   For the avoidance of doubt, I did not accept the proposed amendment post-dating our last call to move the text "The application for permission to file late a written statement of DISPUTE shall include an explanation of how the CLAIMANT satisfies the standing requirements set forth in the Bylaws (Bylaws section 4.3(b))" from paragraph C into the footer, since this is a requirement that we wished to make clear within the body of the rules.

Susan Payne
Head of Legal Policy

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