[CCWG-ACCT] interplay between 'old' and 'new' IRPs

[Burr, Becky]

.africa is ICANN's self inflicted wound. They had an easy way to deal with this by following community developed policy in the form of the nGTLD AGB.

The question about retroactive application of a reformed IRP is complicated, but on balance I come down on the side of retroactivity. The "good faith" standard adopted by the Board as a Bylaws amendment on the Consent calendar and over the well reasoned objection of the only stakeholder group that noticed what was going on (RySG) was illegitimate to begin with and has created totally anomalous results - some panels have ignored the new standard and some have followed it.

Having said that, I also think we need much better tools to handle abusive filings more efficiently and I would love to get this conversation going

Sent from my iPad

On May 21, 2015, at 10:55 AM, Jacob Malthouse <jacob at bigroom.ca<mailto:jacob at bigroom.ca>> wrote:

I have a question about old and new IRPs. Old being the many currently active (notably taking up way more panelists than this group's proposal affords on the standing panel) and how they would relate to a new standing panel.

If the .Africa appeal drags on for example into a second IRP (as it looks like booking.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__booking.com&d=AwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=-zsFiNdv8qo-utd7EbvmhFCS8B-BDE9DQbVgBmk-tVA&s=74lQ18xg7CdMCqTqDXQ-fVC28DtM3KGdo-Flty4K9hw&e=> will), eventually a new appeals system will be put in place.

I'd expect you could then launch a fresh appeal (third IRP) to that new panel because it is basically a new court, presumably followed by a fourth appeal of the appeal.

So that's a total of four IRPs for .Africa before going to the courts.

Has any thought gone into how this would work (or not?).

Best, J.


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