[WP2] current state of IRP checklist plus sample bylaws language and the comment summary

[Burr, Becky]

The more I think about this 30 day thing, the more concerned I get – we need to provide for tolling the period for the pre filing mediation/CEP
J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  / becky.burr at neustar.biz<mailto:becky.burr at neustar.biz> / www.neustar.biz

From: Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au<mailto:Bruce.Tonkin at melbourneit.com.au>>
Date: Saturday, July 25, 2015 at 3:31 AM
To: "WP2 at icann.org<mailto:WP2 at icann.org>" <WP2 at icann.org<mailto:WP2 at icann.org>>
Subject: Re: [WP2] current state of IRP checklist plus sample bylaws language and the comment summary

Hello Becky,

The proposed bylaws language change with respect to the timing of an IRP proceeding:

“A request for A request for independent review must be filed within thirty days of the posting
of the minutes of the Board meeting (and the accompanying Board Briefing
Materials, if available) thatthe requesting party becoming aware of the action
that it contends demonstrates that ICANN violated its Bylaws or Articles of
Incorporation. Consolidated requests may be appropriate when the causal
connection between the circumstances of the requests and the harm is the same
for each of the requesting parties.”

How would you determine when a “requesting party” becomes aware of an action?     I expect it would be hard to determine when that event would happen – so this feels a little like that a party can file at any time after a decision – potentially years later.    This could have quite negative effect on a third party.   E.g if a new gTLD was allocated to an applicant, and then the requesting party complains years later.

Shouldn’t there be some limit based on what is reasonable – e.g 30 days after the requesting party would reasonably become aware … etc

Alternatively – maybe leave the current language and increase the time period – e.g. from 30 to 60 or 90 days.


Regards,
Bruce Tonkin

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