[WP2] IRP Checklist

[Malcolm Hutty]

On 27/07/2015 12:42, Izumi Okutani wrote:
> It's not within the list of questions but I'd like to make the text suggestion below.
> This is a follow up to my comment in Paris to keep the numbers community related matters out of scope.
> 
> 1.	Scope of Authority
> The role of the Independent Review Process (IRP) will be to:
> - Determine whether ICANN has acted (or has failed to act) in violation of its Bylaws; and
> - Hearing claims involving rights of the Sole Member under the Bylaws (subject to voting thresholds)
> 
> [Add]
> - Disputes related to Internet number resources are out of scope of the IRP.

Izumi,

A question for clarification, because we will need to get the wording
right on this.

Allocation and assignment of Internet number resources is, of course,
handled by RIRs and out of scope for ICANN, and so disputes about such
matters are consequently out of scope for the IRP. I don't think there
can be any doubt that this is our intent, and our language must reflect
that clearly.

However, one point of uncertainty does present itself.

Consider a scenario where ICANN sought to exceed its own mandate in a
manner that encroached on the responsibility of the RIRs for Internet
number resources, for example by purporting to develop regional IP
address allocation and assignment policy.

Would you want an RIR to be able to initiate an IRP so as to require
ICANN to desist? Or are you satisfied that RIRs already have sufficient
enforceable alternative accountability mechanisms to correct any such
scenario, and so are happy to be excluded from using the IRP even in
such a scenario?

If the latter, we can use a broad exception to exclude any disputes
related to Internet number resources. If the former, we will need to
choose our language very carefully indeed.

Malcolm.

P.S. I say "RIR" for simplicity; but assume I mean to include NIRs where
and to the extent appropriate.
-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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