[WP2] IRP Checklist

[McAuley, David]

These are fair points, Greg, but in my opinion seven would be plenty, and like courts around the world the panelists can handle more than one “case” at a time.

I also worry that the larger the panel the more inclination there might be to stray and find important work to do that the community did not give to the panel.

If this number becomes an issue maybe it can be revisited in the periodic ATRT-like review by the community that the IRP might be subject to (another thing to decide).

David McAuley

From: wp2-bounces at icann.org [mailto:wp2-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Friday, July 24, 2015 12:31 PM
To: James Gannon
Cc: WP2 at ICANN.org
Subject: Re: [WP2] IRP Checklist

I continue to think that a "standing panel" of 7 is too small (and reducing to 5 goes in the wrong direction).  I'm not sure how many "sitting panels" there will be simultaneously, or how many "sitting panels" we expect a panelist to sit on simultaneously.  Panelists may not have the bandwidth to take on more than one sitting panel at a time.  If that's the case, there can be no more than 2 proceedings at any given time (and the choices for the second panel are obviously limited), unless we reach into the standby pool.  I would think a panel of at least 9 standing panelists would be better (so we can have 3 proceedings at any given time without necessarily going into the standby pool).

I'm not sure where the idea of reducing to 5 came from, or what assumptions support that.  Those assumptions must include either low incidence of panels or wide bandwidth of panelists.  I'm not comfortable assuming either.

Greg

On Fri, Jul 24, 2015 at 12:20 PM, James Gannon <james at cyberinvasion.net<mailto:james at cyberinvasion.net>> wrote:

  1.  Overflow panelists – YES
  2.  Single panelist decisions – NO
  3.  Standard for appeal to full panel - “clear error of judgment or application of an incorrect legal standard” - is this the right standard – YES but may be space for additional ones
  4.  Community override of bone-headed decisions – YES
  5.  Length of term – No Opinion, I can understand the arguments for various terms
  6.  Term renewal – Depends on above. YES if term <3 years NO if term >5 years
  7.  Exhaustion requirement – yes, no, “where applicable” (not sure I know how to implement third option) – No Opinion
My answers for the record above in case I don’t make the call as I’m moving house next week.
-James


From: wp2-bounces at icann.org<mailto:wp2-bounces at icann.org> [mailto:wp2-bounces at icann.org<mailto:wp2-bounces at icann.org>] On Behalf Of Burr, Becky
Sent: Friday, July 24, 2015 4:26 PM
To: WP2 at ICANN.org<mailto:WP2 at ICANN.org>
Subject: [WP2] IRP Checklist
Importance: High

I’m attaching the current doc, in which I have tried to incorporate all input.  We need to reach closure on the following questions:


  1.  Overflow panelists – yes or no
  2.  Single panelist decisions – yes or no
  3.  Standard for appeal to full panel - “clear error of judgment or application of an incorrect legal standard” - is this the right standard
  4.  Community override of bone-headed decisions – yes or no
  5.  Length of term
  6.  Term renewal – yes or no
  7.  Exhaustion requirement – yes, no, “where applicable” (not sure I know how to implement third option)

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932<tel:%2B%201.202.533.2932>  Mobile:  +1.202.352.6367<tel:%2B1.202.352.6367>  / becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz<http://www.neustar.biz>

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