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

[Jacob Malthouse]

Thanks Becky and Paul, this is helpful insight and agree with both your
approaches.



Jacob Malthouse
Co-founder & Director, Big Room Inc.
778-960-6527
www.bigroom.ca

On 21 May 2015 at 13:52, Paul Rosenzweig <
paul.rosenzweig at redbranchconsulting.com
<javascript:_e(%7B%7D,'cvml','paul.rosenzweig at redbranchconsulting.com');>>
wrote:

> On the merits, I agree with Becky completely – that is, I agree that a) my
> preference would be for the reformed (or perhaps “restored” is the better
> term) IRP to apply to all pending matters; and b) we need to find a way to
> deal with abusive filings.
>
>
>
> My main question though is whether or not this group needs to get into
> that level of detail prior to the implementation of a new IRP process.  I
> am sure, for example, that the panel appointees will have their own views
> on the best process to adopt for their own operations.  Perhaps we can
> suffice with a statement of general principles, adopted as part of the IRP
> charter, rather than a point-by-point specific code of procedure?
>
>
>
> Paul
>
>
>
> Paul Rosenzweig
>
> paul.rosenzweig at redbranchconsulting.com
> <javascript:_e(%7B%7D,'cvml','paul.rosenzweigesq at redbranchconsulting.com');>
>
> O: +1 (202) 547-0660
>
> M: +1 (202) 329-9650
>
> VOIP: +1 (202) 738-1739
>
> Skype: paul.rosenzweig1066
>
> Link to my PGP Key
> <http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>
>
>
>
>
>
> *From:* Burr, Becky [mailto:Becky.Burr at neustar.biz
> <javascript:_e(%7B%7D,'cvml','Becky.Burr at neustar.biz');>]
> *Sent:* Thursday, May 21, 2015 2:18 PM
> *To:* Jacob Malthouse
> *Cc:* accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>
> *Subject:* Re: [CCWG-ACCT] interplay between 'old' and 'new' IRPs
>
>
>
> .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
> <javascript:_e(%7B%7D,'cvml','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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>


-- 
Jacob Malthouse
Co-founder & Director, Big Room Inc.
778-960-6527
www.bigroom.ca
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