[Ccpdp-rm] NOTES | ccPDP3-RM | 21 July 2021 (20:00 UTC)

[Joke Braeken]

NOTES | ccPDP3-RM | 21 July 2021 (20:00 UTC)





  1.  Welcome and roll call


Welcome by Chair Stephen Deerhake.



2.                   Administrative announcements, if any


Reminder about the ongoing elections regarding ccPDP3-RM

See: https://ccnso.icann.org/en/announcements/announcement-06jul21-en.htm

Remember to vote, in case your ccTLD has not yet voted.

Thanks to the RO’s for spreading the word. Additional votes needed though.



a.                  Action items


None



3.                   Review– topic list / work items



a.                  Assignments



4.                   Fundamental fairness - Eberhard


Topic cluster number 4: Fundamental Fairness

Led by Eberhard Lisse, who shares a slide deck.

  *   No opinion regarding guilt or innocence.

(example: Bill Cosby)

  *   Definitions

     *   Civil law
     *   Common law
     *   Legitimate expectation
  *   Due process
     *   US constitution
     *   State actors
     *   US supreme court
  *   Natural justice (duty to act fairly)
     *   Originates in English law
     *   Art 6 EU convention on human rights
     *   State and administrative actors
     *   Rule against bias
     *   Right to fair hearing
  *   Food for thought


Nigel: interested in whether icann should / wants to / will abide by natural justice.

We are all icann. We want this situation where the system is compliant with the rule of law and abides by the principle of natural justice

Eberhard: self affected by principles of natural justice

Fair process. Rational. That is what we want.

Rationale by icann board is usually boilerplate. Expects that decisions are rational, based on facts, RFC591 as interpreted on FOI. processes: same. We need to define what binding is.


Stephen: Do we want to re-engage with icann legal? First discuss some additional clusters.

Bart: fundamental fairness was one of the principles that needed to be fleshed out. Those elements to be recorded in the principles doc. First step would be to re-engage icann legal once the group has a clear view on the question of binding. Our next meeting will be an internal discussion on binding, and how we approach this, as prepared by the small group. Group first needs to be clear on what it wants in terms of feedback from icann legal in terms of binding

Eberhard: pity Nick and Maarten are not on the call today.

Stephen: We never do anything just once. We have an opportunity to re-engage with them later.



5.                   AOB


none



6.                   Next meetings


4 August 2021 (20 UTC) - topic cluster 1

18 August 2021 TBC? Poll results with only 10% answered yes.




7.                   Closure


Thank you all. Bye.



Joke Braeken
ccNSO Policy Advisor
joke.braeken at icann.org

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