[WP2] Lawyers markup of IRP checklist

Izumi Okutani izumi at nic.ad.jp
Thu Jul 30 14:52:46 UTC 2015


Becky,


As a follow up from Paris and my previous e-mail -

May I request to add a language in the IRP to keep the number resources related issues to be out of scope of the IRP?
I recall this was agreed in Paris and would be helpful to have it reflected in the IRP document.

> 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.


I would like to suggest the same text for reconsideration para 07.

https://community.icann.org/download/attachments/52888740/28%20July%20Annotated%20Recon%20Enhancements%20Section.pdf?version=1&modificationDate=1438115397000&api=v2

CURRENT:
In case of including the global number resources policy in its scope, further considerations
should be made of its implications. The bottom up policy development process and its
forum for the number resources is outside the ICANN, even though the ICANN Board
approves its global policies, and the same mechanisms as the names related policies may
not be applicable

SUGGESTED:
Disputes related to Internet number resources are out of scope of the IRP.


Thanks for all your work!


Izumi on behalf of the ASO reps

On 2015/07/30 22:53, Burr, Becky wrote:
> Ok, do you object to publishing the checklist as a highlights document?
> 
> 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 / www.neustar.biz
> 
> 
> 
> 
> 
> 
> On 7/30/15, 8:24 AM, "Malcolm Hutty" <malcolm at linx.net> wrote:
> 
>> Becky,
>>
>> I'm surprised to see the lawyers working on this "Checklist", surely
>> this document was just a working document, and not intended for
>> inclusion in the final report?
>>
>> Do I mistake your intention?
>>
>> I have just seen the wiki page for building the final report
>> https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_p
>> ages_viewpage.action-3FpageId-3D53783460&d=AwIF-g&c=MOptNlVtIETeDALC_lULrw
>> &r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=q4Ixib85lRk7msOyZx0knoI8_
>> 8b7kOOW4k7joT9uOBM&s=HaYn6AtyGfXg3H_FBdoLo0BWJaOeCiv770giH0CLZSo&e=
>>
>> This also lists this checklist as the WP2's input to the report on the
>> IRP.
>>
>> I was hoping to see the attached draft bylaws "28 July Independent
>> Review Bylaw BB compilation" (or any successor draft) listed there
>> instead.
>>
>> Please could you confirm that that is your intention?
>>
>> Could you please submit this document and ask the staff to update this
>> wiki asap?
>>
>> We do not want people to start challenging our input to the final paper
>> on the grounds it hasn't been made available to the CCWG plenary in time.
>>
>> For the record, I do not regard the Checklist document as complete,
>> either in terms of being comprehensive as to the issues we have
>> addressed in the other document, nor in terms of containing sufficient
>> detail.
>>
>> We're getting very close to the Chair's intended freeze date, and not
>> having text visibly submitted, and having the lawyer's working on
>> something else, is making me nervous. We don't have the time to allow
>> misunderstandings to develop at this stage.
>>
>> Malcolm.
>>
>>
>>
>> On 30/07/2015 12:24, Burr, Becky wrote:
>>> I have gone through the changes proposed by counsel.  Most of them are
>>> wording changes and not objectionable from my perspective.  There is one
>>> substantive addition on independence introduced in the qualifications
>>> section.  We have not discussed this and I think it is addressed in the
>>> current checklist, so I propose not to take that change.  Any other
>>> thoughts on this?
>>>
>>>
>>> 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
>>>
>>>
>>>
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>>
>> -- 
>>            Malcolm Hutty | tel: +44 20 7645 3523
>>   Head of Public Affairs | Read the LINX Public Affairs blog
>> London Internet Exchange |
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