[Ccpdp-rm] CCPDP-RM - Initial draft of a non-binding mechanism

Dr Eberhard W Lisse el at lisse.na
Thu Oct 14 06:51:59 UTC 2021


Bernard,

I have been thinking about some of this, so a few things come to mind initially:
> quote_type
> The mechanism will be available to the “affected” ccTLD Manager, and in cases of (new) delegations also to the unsuccessful applicants.
>
That would weed out some of the frivolous appeals. And avoids the situation of a renaming which is a retirement and delegation, that if the ccTLD Manager were not a ccNSO member, it could not appeal, whereas unsuccessful applicants could.

Then we should figure out language to achieve something like
> quote_type
> Any review (application) must be as “wide” as reasonably possible, and all supporting documents that are reasonably available or could have been reasonably available must be submitted with the application or as soon as reasonable after they become available.
>
That should weed out more chaff, and avoids multiple appeals, while protecting smaller Managers which do not have lawyers on tap.

And to weed out further frivolous appeals but on the other hand making this mechanism available also to the smallest/poorest Managers,
> quote_type
> we need a fair and reasonable fee mechanism, for example taking the size brackets of the ccNSO contribution as the base.

from which flows
> quote_type
> we either make the non-binding mechanism fully mandatory (and free) before availing oneself of the binding one, or we make appropriate fee/cost requirements.
>
I prefer the former.

And finally  should put in something
> quote_type
> All reviews of the same decision (by different parties) must be heard as one “case”
>
so as to speed things up and contain the cost.

All,

please review and comment.

greetings, el

—
Sent from Dr Lisse’s iPhone
On 10. Oct 2021, 23:44 +0200, Patricio Poblete via Ccpdp-rm <ccpdp-rm at icann.org>, wrote:
> Thanks, Bernard,
>
> I don't know if we had an estimate of how often this review mechanism could be used. As I see it, the two main sources of disputes would be retirements and revocations, which we don't see many each year. This might have an impact in the rationale for having a permanent Office of the Administrator, staffed and funded.
>
> Patricio
>
>
> > On Thu, Oct 7, 2021 at 11:14 AM Bernard Turcotte via Ccpdp-rm <ccpdp-rm at icann.org> wrote:
> > > All,
> > >
> > > As discussed at our last meeting please find attached an early draft of a non-binding mechanism which we will discuss at our next meeting.
> > >
> > > Bernard Turcotte
> > > ICANN Support to the CCPDP-RM
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